• What about the child? Preventing the publication of children's names after the age of 18 

  Baird, Sophy B. (Academy of Science of South Africa, 2021-09)

  Children are afforded a number of different protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position they occupy in society. When children form part ...
• The indigenisation of customary law : creating an indigenous legal pluralism within the South African dispensation : possible or not? 

  Morudu, Ntebo L.; Maimela, Charles (Pretoria University Law Press, 2021)

  The article examines the possibility of creating an indigenous legal pluralism within the South African context. Due to the historical and current marginalisation of customary law, can customary law be developed, reformed ...
• Suitability of the remedy of divestiture in non-merger cases : a South African perspective 

  Munyai, Phumudzo S. (Faculty of Law, Nelson Mandela Metropolitan University, 2021)

  This article considers the suitability of the remedy of divestiture in non-merger cases, particularly in markets where high concentration levels may embolden incumbents to engage in abusive conduct. The article observes ...
• Developing African Law through the promotion of Black Women's voices in Legal Education and Legal Adjudication 

  Radebe, Martha Keneilwe (University of Pretoria, 2021-08)

  Colonialism and apartheid have resulted in African law occupying an inferior position in the South African legal system compared to Roman-Dutch law and English common law, which are both recognised as forming the South ...
• Reconsidering counter-spoliation as a common-law remedy in the eviction context in view of the single system-of-law principle 

  Muller, Gustav; Marais, E.J. (Juta Law, 2020-01-01)

  After 25 years of democracy, landlessness remains a major problem in South Africa, as millions of people still do not have access to adequate housing. This inevitably causes persons, who act either out of necessity or, ...
• Preventable hysterectomies in Malawi : addressing challenges in the healthcare system 

  Kangaude, Godfrey Dalitso; Sibande, Chrispine; Durojaye, Ebenezer (Wiley, 2020-05)

  Women should play a key role in ending the problem of preventable hysterectomies that are a result of poor obstetric and gynecological care in Malawi.
• The incentivisation of inclusionary housing by South African municipalities: a property law perspective 

  Kulundu, Kenneth Wanyama; Muller, Gustav (University of the Western Cape, 2020)

  Although it is still in its formative stages, the idea of inclusionary housing in South Africa’s constitutional context is inescapable. The typical characteristic of inclusionary housing is that a developer is required ...
• Teaching the "other law" in a South African university : some problems encountered and possible solutions 

  Maithufi, M.; Maimela, Charles (Nelson Mandela Metropolitan University, Faculty of Law, 2020)

  African customary law is a legal system that is recognised in South Africa and forms part of the law of the indigenous people of South Africa. Due to colonialism and apartheid, this legal system was rejected and underdeveloped ...
• The implementation of customary law of succession and common law of succession respectively: with a specific focus on the eradication of the rule of male primogeniture 

  Maunatlala, Refiloe Kgopotso; Maimela, Charles (Pretoria University Law Press (PULP), 2020)

  This article pays close attention to some of the problems and practical challenges presented by the abolition of the rule of male primogeniture and thereafter, the extension of the Intestate Succession Act to customary law ...
• Conceptualising the home in law and gender 

  Robbertze, Gadiël; Muller, Gustav (Pretoria University Law Press (PULP), 2020)

  The “home” forms a central part of life and it finds relevance in various other legal spheres. However, for such a central point of reference in law and everyday life, it still remains a somewhat vague notion without ...
• The International Arbitration Act 15 of 2017 : impetus for developments on the cross-border commercial front 

  Wethmar-Lemmer, Marlene; Schoeman, Elsabe (Juta Law Journals, 2019)

  From a South African perspective, the promotion of international trade, as well as the development of effective judicial and extra-judicial dispute resolution institutions, is of paramount importance for increased economic ...
• Litigating about where to litigate : Vedanta Resources Plc v Lungowe [2019] UKSC 20 

  Schoeman, Elsabe (Juta Law Journals, 2019)

  This is the latest judgment in a case brought by African claimants against a big multinational corporation (MNC) and its African subsidiary in the United Kingdom (UK) for harm suffered as a result of the activities of ...
• A Comparative Study of Comparative Brand Advertising 

  Kassel, Calvin (University of Pretoria, 2020)

  Perhaps one of the most interesting and topical discussions to emerge quite contentiously within the legal purview in recent decades is the subject of comparative brand advertising. Comparative brand advertisements explicitly ...
• Establishing a Legal Framework of Special and Differential Treatment under the WTO; Definitive Rights for Developing Countries 

  Magwape, Mbakiso (University of Pretoria, 2020-07)

  Special and Differential Treatment (S&DT) under the World Trade Organization (WTO) has been pivotal in aiding Developing Countries adapt to WTO rules. S&DT provisions under WTO law, afford Developing Members favourable or ...
• The role of civil society organisations in litigating the right to basic education in South Africa : Lessons for Nigeria 

  Mutu, Perekeme (University of Pretoria, 2020)

  The thesis examined civil society organisations’ use of public interest litigation as a tool to promote and protect the right to basic education of children in South Africa, and considered what learning can be extrapolated ...
• Assisting an ailing testator to sign a will 

  Schoeman-Malan, M.C. (Magdalena) (LexisNexis, 2019)

  Die verlyding van 'n testament is 'n belangrike stap wat 'n persoon gedurende sy leeftyd doen. Die testateur word gekonfronteer met sy eie sterflikheid en die verlyding van 'n testament vereis 'n opregte en ware weerspieëling ...
• Unwholesome prison blues : a call to protect international prisoners’ rights and standardise conditions of detention 

  Gevers, Marc; Muller, Gustav (Juta Law Journals, 2019)

  With an ever-increasing focus on human rights to deal with violations and atrocities across the world, prisoners and their rights are left by the wayside too often. While deprivation of liberty is expected upon incarceration, ...
• The indiginisation of customary law : creating an indingenous legal pluralism 

  Morudu, Ntebo Lauretta (University of Pretoria, 2019)

  In the advent of the current dispensation, South Africa’s Constitution elucidates that customary law is in parallel with common law under section 39 of the Constitution,1 in light to this contention, the study begs to claim ...
• Partial condification of trustees' fiduciary duties against the backdrop of corporate law 

  Amrein, Jean Anne (University of Pretoria, 2019)

  This dissertation examines whether the lack of ready access by trustees to a codified set of their fiduciary duties is contributing to poor governance of trusts and whether setting out these duties in the Trust Property ...
• The dissolution of universal partnership in South African law 

  Hager, Liesl (University of Pretoria, 2019)

  In this research the dissolution of the universal partnership is viewed through multiple lenses from ancient Roman law to modern insolvency and customary law. As the universal partnership is constantly developing, adapting ...

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