• 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 ...
• 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 ...
• 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 ...

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