Recent articles and research – May 2019

May 1st, 2019

By Meryl Federl

Accessing articles from publishers


Please note that the below abbreviations are to be found in italics at the end of the title of articles and are there to give reference to the title of the journal the article is published in. To access the article, please contact the publisher directly. Where articles are available on an open access platform, articles will be hyperlinked on the De Rebus website at


 Abbreviation Title Publisher Volume/issue
CILSA Comparative and International Law Journal of Southern Africa Juta (2018) 51.2
DJ De Jure University of Pretoria (2018) 51.2  
Obiter Obiter Nelson Mandela University

(2018) 39.3


PER Potchefstroom Electronic Law Journal North West University, Faculty of Law

(2019) 22 February

(2019) 22 March

PLD Property Law Digest LexisNexis

(2018) 23.1 December


SJ Speculum Juris University of Fort Hare (2018) 32.1
SLR Stellenbosch Law Review Juta (2018) 29.3

Child law

Bekink, MDefeating the anomaly of the cautionary rule and children’s testimony – S v Haupt 2018 (1) SACR 12 (GP)’ (2018) 51.2 DJ 318.

Van der Walt, G ‘Alternative care in South Africa’ (2018) 39.3 Obiter 615.

Van der Westhuizen, C ‘Medical treatment v surgery: Where does medical treatment end and surgery begin in terms of s 129 of Children’s Act?’ (2018) 39.3 Obiter 791.

Company law

Cassim, MF ‘Untangling the requirement of good faith in the derivative action in company law (Part 2)’ (2018) 39.3 Obiter 602.

Computer law

Feng, K and Papadopoulos, S ‘Student (K-12) data protection in the digital age: A comparative study’ (2018) 51.2 CILSA 261.

Njotini, MN ‘Precaution against what? The electronic or e-authentication frameworks of the United Kingdom, Canada and South Africa’ (2018) 51.2 CILSA 185.

Consumer law

Newman, S and Tait, M ‘Resolving provincial cross-border disputes under the Consumer Protection Act’ (2018) 39.3 Obiter 684.

Constitutional law

Mathenjwa, MJ and Mhlongo, L ‘The distinctiveness and interrelatedness of the privileges and immunities of parliament: A comparison of the Namibian and South African jurisdictions’ (2018) 39.3 Obiter 768.

Mbenenge, SMTransformative constitutionalism: A judicial perspective from the Eastern Cape’ (2018) 32.1 SJ 1.

Okpaluba, CProsecutorial negligence and negligent police investigation: An analysis of recent Canadian and South African case law (1)’ (2018) 32.1 SJ 33.

Contract law

Du Plessis, J ‘Giving practical effect to good faith in the law of contract’ (2018) 29.3 SLR 379.

Court procedure

Gravett, WOpening address: Powerful tool of persuasion or a waste of time?’ (2018) 51.2 DJ 194.

Credit law

Renke, S and Coetzee, HThe circumstances under which section 85(a) of the National Credit Act 34 of 2005 can be utilised as an avenue to access or re-access the debt relief measures in terms of the Act’ (2018) 51.2 DJ 234.

Criminal procedure

Hoctor, S ‘Of housebreaking and common purpose: S v Leshilo 2017 JDR 1788 (GP) 1’ (2018) 39.3 Obiter 825.

Naudé, BC ‘Extra-curial statements by a non-testifying co-accused, the Canadian Supreme Court and change in South Africa’ (2018) 39.3 Obiter 814.

Reddi, M and Ramji, BSection 174 of the Criminal Procedure Act: Is it time for its abolition?’ (2018) 51.2 DJ 251.

Customary law

Cotton, SR and Diala, ACSilences in marriage laws in Southern Africa: Women’s position in polygynous customary marriages’ (2018) 32.1 SJ 18.

Jokani, M; Knoetze, E and Erasmus, D ‘A criminal law response to the harmful practices of Ukuthwala’ (2018) 39.3 Obiter 747.


Bhana, D and Samaradiwakera-Wijesundara, C ‘Delictual interference with a contractual relationship: Country Cloud Trading CC v MEC, Department of Infrastructure Development (CC)’ (2018) 29.3 SLR 430.

Education law

Osman, F and Wilké, J ‘Dress codes in schools: A tale of headscarves and hairstyles’ (2018) 39.3 Obiter 585.

Family law

Thabane, TA contract of engagement as an unenforceable pactum de contrahendo under South African law: Distilling lessons for Lesotho courts’ (2018) 32.1 SJ 54.

Human rights

Madlanga, M ‘The human rights duties of companies and other private actors in South Africa’ (2018) 29.3 SLR 359.

Insolvency law

Chitimira, H ‘Re-evaluating the meaning and effect of a winding up order on the insolvent’s contracts – Ellerine Brothers v McCarthy (245/13) [2014] ZASCA 46 (1 April 2014)’ (2018) 39.3 Obiter 844.

Evans, RWaiving of rights to property in insolvent estates and advantage to creditors in sequestration proceedings in South Africa’ (2018) 51.2 DJ 298.

Mabe, ZAlternatives to bankruptcy in South Africa that provides for a discharge of debts: Lessons from Kenya’ (2019) 22 March PER.

International law

Barrie, GN ‘International law and indigenous people: Self-determination, development, consent and co-management’ (2018) 51.2 CILSA 171.

Ibrahim, A ‘Bridging the international gap: The role of national human rights institutions in the implementation of human rights treaties in Africa’ (2018) 39.3 Obiter 701.

Jones, AG ‘Intervening for democracy: The threat or use of force and crisis in The Gambia’ (2018) 51.2 CILSA 241.

Labour law

Huysamen, EThe future of legislated minimum wages in South Africa: Legal and economic insights’ (2018) 51.2 DJ 271.

Khumalo, BExtension of collective agreements in terms of section 23(1)(d) of the LRA and the “knock on effect” on the right to strike: AMCU v Chamber of Mines of South Africa CCT87/16 [2007]’ (2018) 51.2 DJ 328.

Mhango, M and Lubisi, NDismissal on the grounds of refusing to cut dreadlocks worn in observance of religious and cultural beliefs: Discriminatory or not?’  (2018) 32.1 SJ 8.

Tenza, M ‘An evaluation of the limitation of the right to strike in terms of the law of general application in South Africa’ (2018) 29.3 SLR 471.

Mining law

Mostert, H and Wilson, LA ‘Restitution and “altered priorities”: How the judiciary balances the varying demands of transformation in the mineral resources context: A discussion of Macassar Land Claims Committee v Maccsand (CC) 2017 (4) SA 1 (SCA)’ (2018) 29.3 SLR 420.

Tshoose, C and Khumalo, B ‘Using a sledgehammer to crack a nut: The scope and powers of the mine health and safety inspectorate in light of Anglo Ashanti Ltd v Mbonambi (2017) 38 ILJ 614 (LC)’ (2018) 39.3 Obiter 834.


Schrage, E ‘The comparative legal history of limitation and prescription’ (2018) 39.3 Obiter 780.

Private international law

Fredericks, EA ‘Contractual capacity and the conflict of laws in common law jurisdictions (Part 1): The United Kingdom’ (2018) 39.3 Obiter 652.

Bouwers, G ‘Brexit and the implications for tacit choice of law in the United Kingdom’ (2018) 39.3 Obiter 727.

Property law

Botha, M ‘No compensation after expropriation: A legal perspective’ (2018) 23.1 December PLD.

Dhliwayo, PReflecting on landowners’ right to exclude and non-owners’ access to quasi-public property: Victoria and Alfred Waterfront v Police Commissioner, Western Cape’ (2018) 32.1 SJ 66.

Greyling, J ‘Urban development zone investment incentives how are they made attractive’ (2018) 23.1 December PLD.

Rodel, C ‘Silencing the alarm bells – a discussion of r 46A’ (2018) 23.1 December PLD.

Public procurement law

Anthony, AMRe-categorising public procurement in South Africa: Construction works as a special case’ (2019) 22 February PER.


Henrico, RProselytising the regulation of religious bodies in South Africa: Suppressing religious freedom?’ (2019) 22 March PER.

Rule of law

Nwabueze, CJ and Pofinet, D ‘The rule of law and integrity: Appraising the place and role of anti-corruption standards in the fight against corruption within the central African economic and monetary community’ (2018) 51.2 CILSA 207.

Space law

Ferreira-Snyman, A ‘Cooperation in outer space activities: South Africa’s role as a member state of the African Union and BRICS’ (2018) 51.2 CILSA 141.

Taxation law

Moosa, F ‘Are trusts holders of fundamental rights during tax administration by SARS?’ (2018) 29.3 SLR 453.


Manie, L ‘A note on the misinterpretation of s 13 of the Trust Property Control Act: A proposed solution’ (2018) 39.3 Obiter 803.

Lötter, M; van den Berg, G and Strydom, SThe express power to amend a trust deed where the trust beneficiaries have accepted the benefits reserved for them’ (2018) 51.2 DJ 215.

Meryl Federl BA HDip Lib (Wits) is an archivist at the Johannesburg Society of Advocates Library. E-mail:

Open access law journals:

Open access websites:

This article was first published in De Rebus in 2019 (May) DR 27.