• The drive towards certainty : a short reflection on “law is/as code”, complexity, and “the uncontract” 

  Jooste, Yvonne (Pretoria University Law Press, 2022)

  Increasingly, technology is used in the enforcement of legal rules. These changes, in addition to establishing new forms of regulation, have implications for the future functioning of the legal system. Most of the current ...
• Doctor or Soldier first? Ethical and Legal Dichotomies in the Practice of Medicine in the Armed Forces 

  Muller, Gary Owen (University of Pretoria, 2023)

  Armed forces of nations maintain military forces which include an element of medical support. The use of military medical practitioners is to maintain a fit for service force, provide rehabilitative and curative services ...
• A future of justice inclusion: examining access to justice in South Africa through the 'ethic of care' and 'complexity' 

  Nagtegaal, Jackie; Jooste, Yvonne (Brill Academic Publishers, 2022-05)

  In South Africa, a number of obstructions exist to realising the right to access to justice as enshrined by section 34 of the South African constitution. Globally, many countries grapple with access to justice due to a ...
• Introduction to special issue: separation of powers, the judiciary and the politics of constitutional adjudication 

  Sibanda, Sanele (Routledge, 2020)

  This special issue of the South African Journal on Human Rights arises from a general call for papers that was issued in October 2019. The special issue has come to fruition in circumstances that none of us could ever have ...
• Tax legislation and the right to equality : does section 23(m) of the Income Tax Act 58 of 1962 rationally differentiate between salaried individuals and individuals who earn their income mainly from commission? 

  Botha, Louis; Meyer, Zoe; Kok, J.A. (Anton) (Juta Law, 2020)

  The authors speculate how a court should deal with a tax matter that implicates the right to equality. Section 23(m) of the Income Tax Act 58 of 1962 squarely raises an equality dispute — in the context of rational/irrational ...
• Reflections on prosecutorial independence and impartiality in South Africa : the recent jurisprudence of the courts 

  Dyani-Mhango, Ntombizozuko (Unisa Press, 2020-07)

  Prosecutorial independence and prosecutorial impartiality are important for the effective administration of criminal justice in South Africa. These two concepts are interconnected and yet they are distinct, and distinguishable ...
• Non-racialism as an effort to assimilate to whiteness 

  Ravenscroft, Elme (University of Pretoria, 2021-03-02)

  South Africa is one of the most unequal countries globally, and inequality is distributed along racial lines. The impoverishment of black people and its endurance is a product of colonialism and apartheid projects. The PIU ...
• Surveillance capitalism as white world-making 

  Jooste, Yvonne (University of the Free State, 2021-07)

  The era of ‘surveillance capitalism’ as a new logic of accumulation that claims human experience as free raw material necessitates an understanding of how corporate-controlled digital communication technologies govern ...
• Putting the relationship between states and the ICC into perspective : the viability of national courts in driving complementarity in Africa 

  Wanki, Justin Ngambu; Mundela, Grace Bilonda; Hansungule, Michelo (Faculty of Law, Nelson Mandela University, 2020)

  This article discusses implementation challenges of the principle of complementarity; challenges in prosecuting sitting African Heads of state and nefarious warlords. The article highlights the disparity existing in ...
• Inequality in the public basic education system: the role of the South African courts in effecting radical transformation 

  Arendse, Lorette (University of Pretoria, 2020)

  The purpose of this thesis is to critically evaluate the South African courts’ role in contributing to the radical transformation of public basic education which is mandated by the South African Constitution. The author ...
• Realigning human rights with the land question in South Africa 

  Khosa, Shipoyila Ernest (University of Pretoria, 2018)

  This study commences from the premises that the1994 political settlement in South Africa as reflected by the 1996 Constitution and government policies offer no solution to the land question in South Africa. By the land ...
• An analysis of the justification of the stringent natural person insolvency law system in South Africa in light of the "advantage to creditors" requirement 

  Gildenhuys, Hans Jacob (University of Pretoria, 2020-11)

  The dissertation considers the justification of the stringent natural person insolvency system in light of the “advantage to creditors” requirement. Jackson’s (The Logic and Limits of Bankruptcy Law (1986) 3) criteria of ...
• Promoting a public service ethic in the legal profession in Kenya : the imperative role of clinical legal education 

  Osiemo, Lynette; Kok, J.A. (Anton) (Cambridge University Press, 2020-06)

  The taskforce appointed in 2016 to undertake a review of the legal sector in Kenya highlighted a decline in public service and pro bono work as one of the challenges facing the legal profession in the country. In its report, ...
• Racism and Abjection in the (Post) Colony 

  Muller, Lavonne Elorie (University of Pretoria, 2020)

  This study examines Kristeva’s notion of abjection to understand the workings of colonial racism. Given the limitations of her Eurocentric standpoint, reference will also be made to the critiques and engagements with ...
• Stereotypes that affect the advancement of African women in South African universities 

  Mashilwane, M. Victor (University of Pretoria, 2019)

  No abstract available
• The voiceless woman : countering dominant narratives concerning women with disabilities in Nigeria 

  Johnson, Adetokunbo (University of Pretoria, 2019)

  The main research problem in this study is whether law and specifically the human rights framework can speak to the lived experiences and realities of the disabled Nigerian woman. This thesis reflects the frustrations ...
• Slowly but surely : the substantive approach to the right to basic education of the South African courts post-Juma Musjid 

  Arendse, Lorette (Centre of Human Rights, Faculty of Law, University of Pretoria, 2020-06)

  This article assesses the extent to which the South African Constitutional Court’s seminal findings in Governing Body of the Juma Musjid Primary School v Essa NO have bolstered the lower courts to give tangible content ...
• South Africa’s new standard material transfer agreement : proposals for improvement and pointers for implementation 

  Thaldar, Donrich W.; Botes, Marietjie; Nienaber, A.G. (Annelize Gertruida) (BioMed Central, 2020-09-03)

  BACKGROUND : Whenever South African (SA) research institutions share human biological material and associated data for health research or clinical trials they are legally compelled to have a material transfer agreement ...
• Race, history, irresolution : reflections on City of Tshwane Metropolitan Municipality v Afriforum and the limits of “post”-apartheid constitutionalism 

  Modiri, Joel Malesela (Pretoria University Law Press, 2019)

  This article reflects on the limits of “post”-apartheid constitutionalism through an extended theoretical discussion and close reading of the Constitutional Court decision in City of Tshwane Metropolitan Municipality v ...
• How to make sense of the civil prohibition of hate speech in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 

  Botha, Louis; Kok, J.A. (Anton) (Unisa Press, 2019)

  In this article the authors offer a workable interpretation of section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. Many constitutional law and freedom of expression scholars have ...

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