index / indeks volume 38 (2017)

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O B I T E R

__________________

INDEX / INDEKS VOLUME 38

(2017)

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TITLES OF ARTICLES – TITELS VAN ARTIKELS

[References are to number of volume, followed by page number/

Verwysings is na nommer van volume, gevolg deur bladsynommer]

A Comparative Study of Foreclosure Law in New South Wales, Australia

and South Africa by Angus Lloyd Hornigold ... 38.589 A de facto Adoption Doctrine for South Africa? by Anne S Louw ... 38.457 A Donor-conceived Child’s Right to know their Genetic Origin: A South

African Perspective by Themba Skosana ... 38.261 A Great Triumph Par Excellence for Non-racism in our Jurisprudence –

Solidarity v Department of Correctional Services 2016 (5) SA 594

(CC) by George Devenish ... 38.222 Administering of an Oath by an Interpreter in the Magistrate’s Court: An

Evaluation of Recent Case Law by Moffat Ndou ... 38.357 An Analysis of the Interplay between the Twin Provisions of Section 48 of

the National Environmental Management: Protected Areas Act and Section 48 of the Mineral and Petroleum Resources Development

Act, in respect of “Protected Areas” by Clive Vinti ... 38.394 Combining Uncertainties in a Court of Law using Bayesian Networks by

MA Muller ... 38.505 Conflict between Participatory and Representative Democracy: A Call for

Model Legislation on Public Participation in the Law-making Process

in South Africa by Moses Retselisitsoe Phooko ... 38.517 Demanding Quality Service: An Evaluation of the Wireless Application

Service Providers Association (WASPA) Code of Conduct in light of the Consumer Protection Act 68 of 2008 by Leander Kruger and

Monray Marsellus Botha ... 38.369 Disciplinary Processes for South African Magistrates: Reflections on the

Magistrates Act 90 of 1993 and the Labour Relations Act 66 of 1995

by Leana Diedericks ... 38.655 Divorce in Dubai or Pretoria – Domicile, Jurisdiction, Applicable Law,

Anti-suit Injunction AV v WV [2017] ZAGPPHC 324 (case no

5881/17) (GDP) by J Neels ... 38.689 Financial Liability and Child Offenders in South Africa by Michelle Karels .... 38.74 Foreign Investment Regulation in the Services Sector in Africa: SADC

Experience by Amos Saurombe ... 38.342 Freedom of Expression and Campus Protests by George Barrie ... 38.623 Ground-breaking Judgment as Court Clarifies the Procedural

Requirements in Section 129 of the Companies Act 71 of 2008 – Panamo Properties v Nel NNO 2015 (5) SA 63 (SCA) by Darren

Subramanien ... 38.210 How not to queue: Judicial Scrutiny of the MPRDA’s Queuing System –

An Analysis of Aquila Steel (South Africa) Limited v Minister of Mineral Resources (72248/15) [2016] ZAGPPHC 1071 and

Legislative Changes to the Queuing System by Heleen van Niekerk ... 38.417 Is the Mandament Van Spolie an Appropriate Remedy in Cases of

Statutory Conflicts? – Ngqukumba v Minister of Safety and Security

2014 (5) SA 112 (CC) by Lefa Ntsoane ... 38.407 Is the use of Video Footage during Industrial Action a Solution to the

Issue of Liability for Collective Misconduct – Part 1 by Mlungisi Tenza ... 38.242 Is there still Defamation based on Adultery under South African Law? A

Critical Review – J v J (4918–2012)[2016] ZAKZDHC 33 (unreported)

by Michael Buthelezi... 38.431

(3)

Judicial Review of Decisions of Disciplinary Tribunals of Voluntary Association: The Post 1994 Interpretation by Mbuzeni Johnson

Mathenjwa ... 38.1 Lobolo, Consent as Requirements for the Validity of a Customary

Marriage and the Proprietary Consequences of a Customary Marriage – N v D (2011/3726) [2016] ZAGPJHC 163 by Aubrey

Manthwa ... 38.438 Marital Rape: A Tale of Two Legal Systems by Oyebanke Yebisi and

Victoria Balogun ... 38.540 Medical Malpractice Litigation: Do We Need a Paradigm Shift in our

Approach to Handling Medical Negligence Disputes? by Henry Lerm .... 38.324 Preventative Measures of Insurers against Insurance Fraud with

particular regard to Motor Insurance by Samantha Huneberg ... 38.148

“Protecting” Assets through a Discretionary Trust in Anticipation of

Divorce by Clement Marumoagae ... 38.34 Restorative Justice in Sentencing Serious Offenders: A South African

and Canadian Perspective by Emma Charlene Lubaale ... 38.296 Revisiting a Culture of Tolerance Relating to Religious Unfair

Discrimination in South Africa (Part 1) by Radley Henrico ... 38.229 Revisiting a Culture of Tolerance Relating to Religious Unfair

Discrimination in South Africa (Part 2) by Radley Henrico ... 38.574 Revisiting the Maxim Imperitia Culpae Adnumeratur in Context of

Medical Negligence – Can the Maxim be extended to include the

application of Luxuria? by Pieter Carstens ... 38.613 Social Security Survivors’ Benefits in South Africa: Towards Legislative

Reform Concerning Posthumously Conceived Children by Rethabile

Seema ... 38.89 Some thoughts on the Meaning and Application of Commercial

Insolvency in Winding-up Proceedings Involving Contingent Creditors – Absa Bank v Hammerle Group 2015 (5) SA 215 (SCA) by Howard

Chitimira ... 38.446 South Africa’s Integrated Urban Development Framework and

Sustainable Development Goal 11: Policy Mismatch or Success? by

Angela van der Berg ... 38.557 Teaching the Theory and Skills of Legal Ethics to South African LLB

Students by E Snyman-Van Deventer and CF (Neels) Swanepoel ... 38.127 The Consumer Protection Act and the Innkeeper’s Liability for the

Property of the Guest by Mark Tait ... 38.641 The End of the Honeymoon: Penal Discourse and the Human Rights of

Prisoners in the Aftermath of South Africa’s Second Democratic

Election – Part 2 by Stephen Allister Peté ... 38.49 The Impact of the Academic Skills Programme on Pass Rates in the

Introduction to South African Law Course at the School of Law (Pietermaritzburg campus) of the University of KwaZulu-Natal by E

Wille and A Strode ... 38.383 The Inconsistency of the Constitutional Court on the Application of the

Hyundai-inspired Interpretation: – Democratic Alliance v Speaker of the National Assembly (CCT86/15) [2016] ZACC 8 by Temba W

Maseko ... 38.664 The Lack of an Appropriate Causation Framework in Competition Law

Proceedings under The Competition Act, 1998 by Phumudzo S

Munyai ... 38.485 The Late Amendment of Pleadings – Time for a New Approach? –

Randa v Radopile Projects CC 2012 (6) SA 128 (GSJ) by Thino

Bekker ... 38.181

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The Launching of Delinquency Proceedings under The Companies Act 71 of 2008 by means of The Derivative Action – Lewis Group Limited

v Woollam 2017 (2) SA 547 (WCC) by R Cassim ... 38.673 The Possible Effect of the Protection of Personal Information Act 4 of

2013 on Organ and Tissue Donations by Magda Slabbert and Patricia

Molusi ... 38.632 The Shape and Content of Post-Apartheid African Law: Academic

Scholars in Conversation by Dial Dayana Ndima ... 38.15 The State of Parliamentary Free Speech – Democratic Alliance v

Speaker of the National Assembly 2016 (3) SA 487 (CC) by Joanna

Botha ... 38.193 When a Relationship has reached its Expiration Date, Does the Same

Apply to the Embryos under South African Law? by Carmel van

Niekerk ... 38.165 When Disaster Strikes – A Case Law Analysis of Simultaneous Deaths

by MC Schoeman-Malan ... 38.275

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CONTRIBUTORS – MEDEWERKERS

BALOGUN, VICTORIA: Marital Rape: A Tale of Two Legal Systems ... 38.540 BARRIE, GEORGE: Freedom of Expression and Campus Protests ... 38.623 BEKKER, THINO: The Late Amendment of Pleadings – Time for a New

Approach? – Randa v Radopile Projects CC 2012 (6) SA 128 (GSJ) ... 38.181 BOTHA, JOANNA: The State of Parliamentary Free Speech –

Democratic Alliance v Speaker of the National Assembly 2016 (3) SA

487 (CC) ... 38.193 BOTHA, MONRAY MARSELLUS: Demanding Quality Service: An

Evaluation of the Wireless Application Service Providers Association (WASPA) Code of Conduct in light of the Consumer Protection Act 68

of 2008 ... 38.369 BUTHELEZI, MICHAEL: Is there still Defamation based on Adultery

under South African Law? A Critical Review – J v J (4918–

2012)[2016] ZAKZDHC 33 (unreported) ... 38.431 CARSTENS, PIETER: Revisiting the Maxim Imperitia Culpae

Adnumeratur in Context of Medical Negligence – Can the Maxim be

extended to include the application of Luxuria? ... 38.613 CASSIM, R: The Launching of Delinquency Proceedings under The

Companies Act 71 of 2008 by means of The Derivative Action –

Lewis Group Limited v Woollam 2017 (2) SA 547 (WCC) ... 38.673 CHITIMIRA, HOWARD: Some thoughts on the Meaning and Application

of Commercial Insolvency in Winding-up Proceedings Involving Contingent Creditors – Absa Bank v Hammerle Group 2015 (5) SA

215 (SCA) ... 38.446 DEVENISH, GEORGE: A Great Triumph Par Excellence for Non-racism

in our Jurisprudence – Solidarity v Department of Correctional

Services 2016 (5) SA 594 (CC) ... 38.222 DIEDERICKS, LEANA: Disciplinary Processes for South African

Magistrates: Reflections on the Magistrates Act 90 of 1993 and the

Labour Relations Act 66 of 1995 ... 38.655 HENRICO, RADLEY: Revisiting a Culture of Tolerance Relating to

Religious Unfair Discrimination in South Africa (Part 1)... 38.229 HENRICO, RADLEY: Revisiting a Culture of Tolerance Relating to

Religious Unfair Discrimination in South Africa (Part 2)... 38.574 HORNIGOLD, ANGUS LLOYD: A Comparative Study of Foreclosure

Law in New South Wales, Australia and South Africa ... 38.589 HUNEBERG, SAMANTHA: Preventative Measures of Insurers against

Insurance Fraud with particular regard to Motor Insurance ... 38.148 KARELS, MICHELLE: Financial Liability and Child Offenders in South

Africa ... 38.74 KRUGER, LEANDER: Demanding Quality Service: An Evaluation of the

Wireless Application Service Providers Association (WASPA) Code of

Conduct in light of the Consumer Protection Act 68 of 2008 ... 38.369 LERM, HENRY: Medical Malpractice Litigation: Do We Need a Paradigm

Shift in our Approach to Handling Medical Negligence Disputes? ... 38.324 LOUW, ANNE S: A de facto Adoption Doctrine for South Africa? ... 38.457 LUBAALE, EMMA CHARLENE: Restorative Justice in Sentencing

Serious Offenders: A South African and Canadian Perspective ... 38.296 MANTHWA, AUBREY: Lobolo, Consent as Requirements for the Validity

of a Customary Marriage and the Proprietary Consequences of a

Customary Marriage – N v D (2011/3726) [2016] ZAGPJHC 163 ... 38.438

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MARUMOAGAE, CLEMENT: “Protecting” Assets through a Discretionary

Trust in Anticipation of Divorce ... 38.34 MASEKO, TEMBA W: The Inconsistency of the Constitutional Court on

the Application of the Hyundai-inspired Interpretation: – Democratic Alliance v Speaker of the National Assembly (CCT86/15) [2016]

ZACC 8 ... 38.664 MATHENJWA, MBUZENI JOHNSON: Judicial Review of Decisions of

Disciplinary Tribunals of Voluntary Association: The Post 1994

Interpretation ... 38.1 MOLUSI, PATRICIA: The Possible Effect of the Protection of Personal

Information Act 4 of 2013 on Organ and Tissue Donations ... 38.632 MULLER, MA: Combining Uncertainties in a Court of Law using

Bayesian Networks ... 38.505 MUNYAI, PHUMUDZO S: The Lack of an Appropriate Causation

Framework in Competition Law Proceedings under The Competition

Act, 1998 ... 38.485 NDIMA, DIAL DAYANA: The Shape and Content of Post-Apartheid

African Law: Academic Scholars in Conversation ... 38.15 NDOU, MOFFAT: Administering of an Oath by an Interpreter in the

Magistrate’s Court: An Evaluation of Recent Case Law ... 38.357 NEELS, J: Divorce in Dubai or Pretoria – Domicile, Jurisdiction,

Applicable Law, Anti-suit Injunction AV v WV [2017] ZAGPPHC 324

(case no 5881/17) (GDP) ... 38.689 NTSOANE, LEFA: Is the Mandament Van Spolie an Appropriate Remedy

in Cases of Statutory Conflicts? – Ngqukumba v Minister of Safety

and Security 2014 (5) SA 112 (CC) ... 38.407 PETÉ, STEPHEN ALLISTER: The End of the Honeymoon: Penal

Discourse and the Human Rights of Prisoners in the Aftermath of

South Africa’s Second Democratic Election – Part 2 ... 38.49 PHOOKO, MOSES RETSELISITSOE: Conflict between Participatory and

Representative Democracy: A Call for Model Legislation on Public

Participation in the Law-making Process in South Africa... 38.517 SAUROMBE, AMOS: Foreign Investment Regulation in the Services

Sector in Africa: SADC Experience ... 38.342 SCHOEMAN-MALAN, MC: When Disaster Strikes – A Case Law

Analysis of Simultaneous Deaths ... 38.275 SEEMA, RETHABILE: Social Security Survivors’ Benefits in South Africa:

Towards Legislative Reform Concerning Posthumously Conceived

Children ... 38.89 SKOSANA, THEMBA: A Donor-conceived Child’s Right to know their

Genetic Origin: A South African Perspective ... 38.261 SLABBERT, MAGDA: The Possible Effect of the Protection of Personal

Information Act 4 of 2013 on Organ and Tissue Donations ... 38.632 SNYMAN-VAN DEVENTER, E: Teaching the Theory and Skills of Legal

Ethics to South African LLB Students ... 38.127 STRODE, A: The Impact of the Academic Skills Programme on Pass

Rates in the Introduction to South African Law Course at the School

of Law (Pietermaritzburg campus) of the University of KwaZulu-Natal .... 38.383 SUBRAMANIEN, DARREN: Ground-breaking Judgment as Court

Clarifies the Procedural Requirements in Section 129 of the Companies Act 71 of 2008 – Panamo Properties v Nel NNO 2015 (5)

SA 63 (SCA) ... 38.210 SWANEPOEL, CF (NEELS): Teaching the Theory and Skills of Legal

Ethics to South African LLB Students ... 38.127

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TAIT, MARK: The Consumer Protection Act and the Innkeeper’s Liability

for the Property of the Guest ... 38.641 TENZA, MLUNGISI: Is the use of Video Footage during Industrial Action

a Solution to the Issue of Liability for Collective Misconduct – Part 1 ... 38.242 VAN DER BERG, ANGELA: South Africa’s Integrated Urban

Development Framework and Sustainable Development Goal 11:

Policy Mismatch or Success? ... 38.557 VAN NIEKERK, CARMEL: When a Relationship has reached its

Expiration Date, Does the Same Apply to the Embryos under South

African Law? ... 38.165 VAN NIEKERK, HELEEN: How not to queue: Judicial Scrutiny of the

MPRDA’s Queuing System – An Analysis of Aquila Steel (South Africa) Limited v Minister of Mineral Resources (72248/15) [2016]

ZAGPPHC 1071 and Legislative Changes to the Queuing System ... 38.417 VINTI, CLIVE: An Analysis of the Interplay between the Twin Provisions

of Section 48 of the National Environmental Management: Protected Areas Act and Section 48 of the Mineral and Petroleum Resources

Development Act, in respect of “Protected Areas” ... 38.394 WILLE, E: The Impact of the Academic Skills Programme on Pass Rates

in the Introduction to South African Law Course at the School of Law

(Pietermaritzburg campus) of the University of KwaZulu-Natal ... 38.383 YEBISI, OYEBANKE: Marital Rape: A Tale of Two Legal Systems ... 38.540

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SUBJECT INDEX – ONDERWERPREGISTER

ADMINISTRATIVE LAW

How not to queue: Judicial Scrutiny of the MPRDA’s Queuing System – An Analysis of Aquila Steel (South Africa) Limited v Minister of Mineral Resources (72248/15) [2016] ZAGPPHC 1071 and

Legislative Changes to the Queuing System by Heleen van Niekerk ... 38.417 Judicial Review of Decisions of Disciplinary Tribunals of Voluntary

Association: The Post 1994 Interpretation by Mbuzeni Johnson

Mathenjwa ... 38.1

ALTERNATIVE DISPUTE RESOLUTION

Medical Malpractice Litigation: Do We Need a Paradigm Shift in our

Approach to Handling Medical Negligence Disputes? by Henry Lerm .... 38.324 The Shape and Content of Post-Apartheid African Law: Academic

Scholars in Conversation by Dial Dayana Ndima ... 38.15

CHILDREN’S RIGHTS

A de facto Adoption Doctrine for South Africa? by Anne S Louw ... 38.457 A Donor-conceived Child’s Right to know their Genetic Origin: A South

African Perspective by Themba Skosana ... 38.261 Financial Liability and Child Offenders in South Africa by Michelle Karels .... 38.74 Social Security Survivors’ Benefits in South Africa: Towards Legislative

Seema ... 38.89 The End of the Honeymoon: Penal Discourse and the Human Rights of

Election – Part 2 by Stephen Allister Peté ... 38.49

CIVIL PROCEDURE

The Late Amendment of Pleadings – Time for a New Approach? – Randa v Radopile Projects CC 2012 (6) SA 128 (GSJ) by Thino

Bekker ... 38.181

COMMON LAW

Is there still Defamation based on Adultery under South African Law? A Critical Review – J v J (4918–2012)[2016] ZAKZDHC 33 (unreported)

by Michael Buthelezi... 38.431 Judicial Review of Decisions of Disciplinary Tribunals of Voluntary

Mathenjwa ... 38.1 Marital Rape: A Tale of Two Legal Systems by Oyebanke Yebisi and

Victoria Balogun ... 38.540 Revisiting the Maxim Imperitia Culpae Adnumeratur in Context of

application of Luxuria? by Pieter Carstens ... 38.613 The Lack of an Appropriate Causation Framework in Competition Law

Proceedings under The Competition Act, 1998 by Phumudzo S

Munyai ... 38.485 The Late Amendment of Pleadings – Time for a New Approach? –

Bekker ... 38.181

(9)

When Disaster Strikes – A Case Law Analysis of Simultaneous Deaths

COMPANY LAW

Ground-breaking Judgment as Court Clarifies the Procedural Requirements in Section 129 of the Companies Act 71 of 2008 – Panamo Properties v Nel NNO 2015 (5) SA 63 (SCA) by Darren

Subramanien ... 38.210 The Consumer Protection Act and the Innkeeper’s Liability for the

Property of the Guest by Mark Tait ... 38.641 The Launching of Delinquency Proceedings under The Companies Act

71 of 2008 by means of The Derivative Action – Lewis Group Limited

v Woollam 2017 (2) SA 547 (WCC) by R Cassim ... 38.673

COMPARATIVE STUDIES

A Comparative Study of Foreclosure Law in New South Wales, Australia

and South Africa by Angus Lloyd Hornigold ... 38.589 A de facto Adoption Doctrine for South Africa? by Anne S Louw ... 38.457 Foreign Investment Regulation in the Services Sector in Africa: SADC

Experience by Amos Saurombe ... 38.342 Freedom of Expression and Campus Protests by George Barrie ... 38.623 Judicial Review of Decisions of Disciplinary Tribunals of Voluntary

Mathenjwa ... 38.1 Marital Rape: A Tale of Two Legal Systems by Oyebanke Yebisi and

Victoria Balogun ... 38.540 Restorative Justice in Sentencing Serious Offenders: A South African

and Canadian Perspective by Emma Charlene Lubaale ... 38.296 The Late Amendment of Pleadings – Time for a New Approach? –

Bekker ... 38.181 When a Relationship has reached its Expiration Date, Does the Same

Niekerk ... 38.165

COMPETITION LAW

The Lack of an Appropriate Causation Framework in Competition Law Proceedings under The Competition Act, 1998 by Phumudzo S

Munyai ... 38.485

CONSTITUTIONAL LAW

Conflict between Participatory and Representative Democracy: A Call for Model Legislation on Public Participation in the Law-making Process

in South Africa by Moses Retselisitsoe Phooko ... 38.517 Disciplinary Processes for South African Magistrates: Reflections on the

by Leana Diedericks ... 38.655 Is the Mandament Van Spolie an Appropriate Remedy in Cases of

2014 (5) SA 112 (CC) by Lefa Ntsoane ... 38.407

(10)

South Africa’s Integrated Urban Development Framework and Sustainable Development Goal 11: Policy Mismatch or Success? by

Angela van der Berg ... 38.557 The Inconsistency of the Constitutional Court on the Application of the

Maseko ... 38.664 The State of Parliamentary Free Speech – Democratic Alliance v

Botha ... 38.193

CONSUMER PROTECTION

Demanding Quality Service: An Evaluation of the Wireless Application Service Providers Association (WASPA) Code of Conduct in light of the Consumer Protection Act 68 of 2008 by Leander Kruger and

Monray Marsellus Botha ... 38.369 The Consumer Protection Act and the Innkeeper’s Liability for the

Property of the Guest by Mark Tait ... 38.641

CONTRACT

Preventative Measures of Insurers against Insurance Fraud with

CRIMINAL LAW

Marital Rape: A Tale of Two Legal Systems by Oyebanke Yebisi and

Victoria Balogun ... 38.540 Restorative Justice in Sentencing Serious Offenders: A South African

and Canadian Perspective by Emma Charlene Lubaale ... 38.296 The End of the Honeymoon: Penal Discourse and the Human Rights of

Election – Part 2 by Stephen Allister Peté ... 38.49

CRIMINAL PROCEDURE

Administering of an Oath by an Interpreter in the Magistrate’s Court: An

Evaluation of Recent Case Law by Moffat Ndou ... 38.357 Combining Uncertainties in a Court of Law using Bayesian Networks by

MA Muller ... 38.505 Financial Liability and Child Offenders in South Africa by Michelle Karels .... 38.74 Is the Mandament Van Spolie an Appropriate Remedy in Cases of

CUSTOMARY LAW

Lobolo, Consent as Requirements for the Validity of a Customary Marriage and the Proprietary Consequences of a Customary Marriage – N v D (2011/3726) [2016] ZAGPJHC 163 by Aubrey

Manthwa ... 38.438 The Shape and Content of Post-Apartheid African Law: Academic

(11)

DELICT

Is there still Defamation based on Adultery under South African Law? A Critical Review – J v J (4918–2012)[2016] ZAKZDHC 33 (unreported)

by Michael Buthelezi... 38.431 Revisiting the Maxim Imperitia Culpae Adnumeratur in Context of

application of Luxuria? by Pieter Carstens ... 38.613

EDUCATION LAW

Teaching the Theory and Skills of Legal Ethics to South African LLB

Students by E Snyman-Van Deventer and CF (Neels) Swanepoel ... 38.127 The Impact of the Academic Skills Programme on Pass Rates in the

Introduction to South African Law Course at the School of Law (Pietermaritzburg campus) of the University of KwaZulu-Natal by E

Wille and A Strode ... 38.383

ENVIRONMENTAL LAW

An Analysis of the Interplay between the Twin Provisions of Section 48 of the National Environmental Management: Protected Areas Act and Section 48 of the Mineral and Petroleum Resources Development

Act, in respect of “Protected Areas” by Clive Vinti ... 38.394

ETHICS

Social Security Survivors’ Benefits in South Africa: Towards Legislative Reform Concerning Posthumously Conceived Children by Rethabile

Seema ... 38.89 Teaching the Theory and Skills of Legal Ethics to South African LLB

Students by E Snyman-Van Deventer and CF (Neels) Swanepoel ... 38.127 The Shape and Content of Post-Apartheid African Law: Academic

EVIDENCE

Is the use of Video Footage during Industrial Action a Solution to the

Issue of Liability for Collective Misconduct – Part 1 by Mlungisi Tenza ... 38.242

FAMILY LAW

A de facto Adoption Doctrine for South Africa? by Anne S Louw ... 38.457 Divorce in Dubai or Pretoria – Domicile, Jurisdiction, Applicable Law,

Anti-suit Injunction AV v WV [2017] ZAGPPHC 324 (case no

5881/17) (GDP) by J Neels ... 38.689 Is there still Defamation based on Adultery under South African Law? A

by Michael Buthelezi... 38.431 Lobolo, Consent as Requirements for the Validity of a Customary

Marriage and the Proprietary Consequences of a Customary Marriage – N v D (2011/3726) [2016] ZAGPJHC 163 by Aubrey

Manthwa ... 38.438

Divorce by Clement Marumoagae ... 38.34

(12)

Social Security Survivors’ Benefits in South Africa: Towards Legislative Reform Concerning Posthumously Conceived Children by Rethabile

Seema ... 38.89

HUMAN RIGHTS

A Donor-conceived Child’s Right to know their Genetic Origin: A South

African Perspective by Themba Skosana ... 38.261 A Great Triumph Par Excellence for Non-racism in our Jurisprudence –

Solidarity v Department of Correctional Services 2016 (5) SA 594

(CC) by George Devenish ... 38.222 Freedom of Expression and Campus Protests by George Barrie ... 38.623 Is there still Defamation based on Adultery under South African Law? A

by Michael Buthelezi... 38.431 Marital Rape: A Tale of Two Legal Systems by Oyebanke Yebisi and

Victoria Balogun ... 38.540 Revisiting a Culture of Tolerance Relating to Religious Unfair

Discrimination in South Africa (Part 1) by Radley Henrico ... 38.229 Revisiting a Culture of Celebration of Differences Relating to Religious

Unfair Discrimination in South Africa (Part 2) by Radley Henrico ... 38.574 Social Security Survivors’ Benefits in South Africa: Towards Legislative

Seema ... 38.89 The End of the Honeymoon: Penal Discourse and the Human Rights of

Election – Part 2 by Stephen Allister Peté ... 38.49 The Inconsistency of the Constitutional Court on the Application of the

Maseko ... 38.664 The Possible Effect of the Protection of Personal Information Act 4 of

Molusi ... 38.632 The Shape and Content of Post-Apartheid African Law: Academic

Scholars in Conversation by Dial Dayana Ndima ... 38.15 The State of Parliamentary Free Speech – Democratic Alliance v

Botha ... 38.193

INSOLVENCY LAW

Some thoughts on the Meaning and Application of Commercial Insolvency in Winding-up Proceedings Involving Contingent Creditors – Absa Bank v Hammerle Group 2015 (5) SA 215 (SCA) by Howard

Chitimira ... 38.446

INSURANCE LAW

Preventative Measures of Insurers against Insurance Fraud with

INTERNATIONAL TRADE LAW

Foreign Investment Regulation in the Services Sector in Africa: SADC

Experience by Amos Saurombe ... 38.342

(13)

LABOUR LAW

A Great Triumph Par Excellence for Non-racism in our Jurisprudence – Solidarity v Department of Correctional Services 2016 (5) SA 594

(CC) by George Devenish ... 38.222 Disciplinary Processes for South African Magistrates: Reflections on the

by Leana Diedericks ... 38.655 Is the use of Video Footage during Industrial Action a Solution to the

Issue of Liability for Collective Misconduct – Part 1 by Mlungisi Tenza ... 38.242

LAW OF SUCCESSION

When Disaster Strikes – A Case Law Analysis of Simultaneous Deaths

LEGAL INTERPRETATION

An Analysis of the Interplay between the Twin Provisions of Section 48 of the National Environmental Management: Protected Areas Act and Section 48 of the Mineral and Petroleum Resources Development

Act, in respect of “Protected Areas” by Clive Vinti ... 38.394 Conflict between Participatory and Representative Democracy: A Call for

Model Legislation on Public Participation in the Law-making Process

in South Africa by Moses Retselisitsoe Phooko ... 38.517 Demanding Quality Service: An Evaluation of the Wireless Application

Service Providers Association (WASPA) Code of Conduct in light of the Consumer Protection Act 68 of 2008 by Leander Kruger and

Monray Marsellus Botha ... 38.369 Ground-breaking Judgment as Court Clarifies the Procedural

Requirements in Section 129 of the Companies Act 71 of 2008 – Panamo Properties v Nel NNO 2015 (5) SA 63 (SCA) by Darren

Subramanien ... 38.210 Judicial Review of Decisions of Disciplinary Tribunals of Voluntary

Mathenjwa ... 38.1 Preventative Measures of Insurers against Insurance Fraud with

particular regard to Motor Insurance by Samantha Huneberg ... 38.148 Some thoughts on the Meaning and Application of Commercial

Insolvency in Winding-up Proceedings Involving Contingent Creditors – Absa Bank v Hammerle Group 2015 (5) SA 215 (SCA) by Howard

Chitimira ... 38.446 The Consumer Protection Act and the Innkeeper’s Liability for the

Property of the Guest by Mark Tait ... 38.641 The Inconsistency of the Constitutional Court on the Application of the

Maseko ... 38.664 The Launching of Delinquency Proceedings under The Companies Act

71 of 2008 by means of The Derivative Action – Lewis Group Limited

v Woollam 2017 (2) SA 547 (WCC) by R Cassim ... 38.673 The State of Parliamentary Free Speech – Democratic Alliance v

Botha ... 38.193

(14)

When a Relationship has reached its Expiration Date, Does the Same Apply to the Embryos under South African Law? by Carmel van

Niekerk ... 38.165 When Disaster Strikes – A Case Law Analysis of Simultaneous Deaths

MEDICAL LAW

Medical Malpractice Litigation: Do We Need a Paradigm Shift in our

Approach to Handling Medical Negligence Disputes? by Henry Lerm .... 38.324 Revisiting the Maxim Imperitia Culpae Adnumeratur in Context of

application of Luxuria? by Pieter Carstens ... 38.613 The Possible Effect of the Protection of Personal Information Act 4 of

Molusi ... 38.632 When a Relationship has reached its Expiration Date, Does the Same

Niekerk ... 38.165

PRIVATE INTERNATIONAL LAW

Divorce in Dubai or Pretoria – Domicile, Jurisdiction, Applicable Law, Anti-suit Injunction AV v WV [2017] ZAGPPHC 324 (case no

5881/17) (GDP) by J Neels ... 38.689

PROPERTY LAW

How not to queue: Judicial Scrutiny of the MPRDA’s Queuing System – An Analysis of Aquila Steel (South Africa) Limited v Minister of Mineral Resources (72248/15) [2016] ZAGPPHC 1071 and

Legislative Changes to the Queuing System by Heleen van Niekerk ... 38.417 Is the Mandament Van Spolie an Appropriate Remedy in Cases of

REGIONAL LAW

Foreign Investment Regulation in the Services Sector in Africa: SADC

Experience by Amos Saurombe ... 38.342

TRUST LAW

Divorce by Clement Marumoagae ... 38.34

URBAN DEVELOPMENT

South Africa’s Integrated Urban Development Framework and Sustainable Development Goal 11: Policy Mismatch or Success? by

Angela van der Berg ... 38.557