• Plea in terms of Section 106(1)(h) of the Criminal Procedure Act 51 of 1977 : S v Moussa [2021] 3 All Sa (GJ) 

  De Villiers, Wium P. (LexisNexis, 2023)

  Die beskuldigde het ingevolge artikel 106(1)(h) van die Strafproseswet 51 van 1977 gepleit dat die aanklaer nie titel het om te vervolg nie. In die saak het 'n vorige aanklaer sonder magtiging 'n pleitooreenkoms met die ...
• The role of expert evidence in civil litigation : a critical analysis (Part 1) 

  Bekker, Thino (University of the Free State, 2023-06)

  Section 34 of the Constitution of the Republic of South Africa provides that everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, ...
• Rescission of judgments by consent – recent developments and lessons from England and Wales 

  Bekker, Thino (University of Fort Hare, Nelson R Mandela School of Law, 2023-07)

  This article contains a critical discussion of the recent developments relating to the rescission of judgments by consent in both the High and magistrates’ courts, the amended periods relating to the retention and ...
• 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 ...
• 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 ...
• Legality of professional mixed martial arts in South Africa 

  Ramsden, Gerald Andrew; Cloete, Rian (Nelson Mandela University, 2024-12-31)

  Senator John McCain may have been on point when he described mixed martial arts (MMA) as “human cock-fighting” in its formative years in the early 1990s in the United States of America (US). Those early MMA contests were ...
• Under the influence : the Kusile tender and state capture permeating the national prosecuting authority 

  Curlewis, Llewelyn Gray; Carter, Katelyn-Mae (Emerald, 2025-01)

  PURPOSE : The purpose of this paper is to give light to the present order of state capture and corruption within South Africa at present. South Africans often consider the National Prosecuting Authority to be an independent ...
• 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 ...

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