O B I T E R

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INDEX / INDEKS VOLUME 41

(2020 )

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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 Exposition of the Law of Husband and Wife in terms of Islamic Law, South African Law and the Law of England and Wales

by Razaana Denson ... 41.703 A Consideration of Sections 249, 250 and 259 of the Proposed Third

Amendment Bill to the Children’s Act in Light of the Best Interests

Principle by Glynis van der Walt ... 41.934 A Critical Analysis of South Africa’s System of Government: From a

Disjunctive System to a Synergistic System of Government by

Lindelwa Mhlongo ... 41.257 A Critical Analysis of South African Anti-Money Laundering Legislation

with regard to Cryptocurrency by Deon Erasmus and Susan Bowden .... 41.309 A Legal Analysis of Labour Dispute Prevention and Resolution Under

Individual Employment Law in Zambia – Willard Mutoka v Chambeshi Water and Sewerage Company Limited (Comp. IRCLK/382/2018) by

Clement Kasonde and Justine Sipho Chitengi ... 41.662 Advocating Positive Traditional Culture to Eradicate Harmful Aspects of

Traditional Culture for Gender Equality in Africa by Norah Hashim

Msuya ... 41.45 An Overview of Statutes Relating to Civil Procedure in South Africa in

Light of the Changes in Technology by Nombulelo Queen Mabeka

and Rushiella Songca... 41.684 Application of the Islamic Law of Succession in South Africa by Muneer

Abduroaf ... 41.396 Arbitration of Labour Disputes in Mauritius by Rashid Hossen ... 41.622 Beyond Foot-Dragging: A Reflection on the Reluctance of South Africa’s

National Prosecution Authority to Prosecute Apartheid Crimes in

Post-Transitional Justice by Konanani Happy Raligilia ... 41.63 Beyond Literal Understanding: “Womb Theft” as Metonym – An

Interpretation of the Language Used to Describe Caesarean

Kidnappings by Maureen Mswela ... 41.226 Biowatch Shield, Costs Liability for Abuse of Process and Crossfire

Litigation ‒ Biowatch Trust v Registrar Genetic Resources 2009 (6)

SA 232 (CC) by Tumo Maloka ... 41.186 Cognitive Bias Affecting Decision-Making in the Legal Process by

Adebola Olaborede and Lirieka Meintjes-Van der Walt ... 41.805 Commissions of Inquiry as a Response to Crisis: The Role of the Jali

Commission in Creating Public Awareness of Corruption (Part 1) by

Stephen Allister Peté ... 41.903 Comparing the Application of The Islamic Law of Succession and

Administration of Estates in Singapore with South Africa by Muneer

Abduroaf ... 41.122 Contractual Capacity and the Conflict of Laws in Common-Law

Jurisdictions (Part 2): Australasia, North America, Asia and Africa by

Eesa A Fredericks ... 41.10 Developing a Strategy For Efficient Environmental Authorisation of

Activities Affecting Wetlands in South Africa: Towards a Wise-Use

Approach by Bramley Jemain Lemine ... 41.154 Discrimination on the Grounds of Pregnancy, Denial of Maternity Leave

and Lack of Conducive Environment for Nursing Mother in the Workplace in South Africa by Motlhatlego D Matotoka and Kola O

Odeku ... 41.593

(3)

Does the Incorrect Classification of Misconduct Charges Constitute Substantive Unfairness? EOH Abantu v CCMA (2019) 40 ILJ 2477

(LAC) by Kamalesh Newaj ... 41.631 Does the Prevention of Illegal Eviction From and Unlawful Occupation of

Land Act of 1998 Provide Adequate Family Home Protection to Insolvent Debtors or Is It Still Pie in the Sky? (Part 1) by André

Boraine ... 41.199 Does the Prevention of Illegal Eviction from and Unlawful Occupation of

Land Act of 1998 provide Adequate Family Home Protection to Insolvent Debtors or Is It Still Pie in the Sky? (Part 2) by André

Boraine ... 41.834 Duress by Indirect Circumstances in English and South African Law: A

Comparison – R v Brandford [2017] 2 All ER 43; [2016] EWCA Crim

1794 by Samantha Goosen ... 41.974 Electricity Theft in South Africa: Examining the Need to Clarify the

Offence and Pursue Private Prosecution? by Jamil Ddamulira Mujuzi .... 41.78 Exposing the ICT Regulatory Dilemma: The Test for Governments by

Mzukisi Njotini ... 41.328 Implementing a South African E-Dispute Resolution System For

Consumer Disputes by Shershiv Reddy ... 41.371 Interpretation of a Trust Deed – Harvey v Crawford 2019 (2) SA 153

(SCA) by S Ferreira and CJ Pretorius ... 41.447 Is the Sanctity of Contract Cast in Stone? An Evaluation of AB v Pridwin

Preparatory School by Michael Laubscher ... 41.436 Judicial Guidance on the Application of Section 49 of the Consumer

Protection Act, 2008 – Van Wyk t/a Skydive Mossel Bay v UPS SCS

South Africa (Pty) Ltd [2020] 1 All SA 857 (WCC) by Mark Tait ... 41.948 Legal Pitfalls of Incompatibility in the Workplace: An Examination of the

Landmark Ruling on Racism in Rustenburg Platinum Mine v SAEWA obo Meyer Bester 2018 (5) SA 78 (CC) by Konanani Happy Raligilia

and Unathi Nxokweni ... 41.429 Lessons on Parental Leave: A Comparative Analysis of Parental Leave

in South Africa and the United Kingdom by Asheelia Behari ... 41.786 Mental Illness, Harassment and Labour Laws: Some Thoughts on

Harassment by Employees Suffering From Mental Illness by Moffat

Maitele Ndou ... 41.538 Motivating Large Groups of Law Students to Think Critically and Write

Like Lawyers: Part 1 by Angela Diane Crocker ... 41.750 Palliative Care as a Form of Relief for the Dying: A South African

Perspective by Marc Welgemoed and Henry Lerm ... 41.348 Parate Executie Clause in Mortgage Bond Versus Post-Default Authority

to Sell ‒ Business Partners Limited v Mahamba (4568/2016) [2019]

ZAECGHC 17 (26 February 2019) by Reghard Brits ... 41.175 Predatory Pricing: Single-Firm Dominance Exclusionary Abuse and

Predatory Prices (Part 1) by Jan-Louis van Tonder ... 41.831 Procedural Unfairness Occasioned by Unreasonable Delay in Finalising

a Disciplinary Inquiry ‒ Stokwe v Member of The Executive Council:

Department of Education, Eastern Cape [2018] ZACC 3 by Bongani

Khumalo ... 41.651 Putting the Relationship between States and the ICC into Perspective:

The Viability of National Courts in Driving Complementarity in Africa by Justin Ngambu Wanki, Grace Bilounda Mundela and Michelo

Hansungule ... 41.136 Reconciling Customary Law and Cultural Practices with Human Rights in

Uganda by Jamil Ddamulira Mujuzi ... 41.239

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Section 2C(1) of the Wills Act 7 of 1953 and the Meaning of “Spouse”

Moosa No v Minister of Justice 2018 (5) SA 13 (CC) by Michael

Cameron Wood-Bodley ... 41.461 Teaching Human Rights in Commonwealth University Law Schools:

Approaches and Challenges, With Passing References to Some

South African Experiences by JC Mubangizi and DJ McQuoid-Mason ... 41.106 Teaching the “Other Law” in a South African University: Some Problems

Encountered and Possible Solutions by Prof M Maithufi (In Memory)

and CA Maimela ... 41.1 The Challenges of Protecting Refugees in Mixed Migration, vis-à-vis the

Application of Articles 1f and 31 of the Refugee Convention by

Oghenerioborue Esther Eberechi ... 41.275 The Clash Between the Employee’s Right to Privacy and Freedom of

Expression and Social Media Misconduct: What Justifies Employee’s

Dismissal to be a Fair Dismissal? by Simphiwe P Phungula ... 41.504 The Compliance of the South African Social Security System with the

International Covenant on Economic, Social and Cultural Rights by

Yvette Basson ... 41.850 The Contest Between Religious Interests and Business Interests ‒ TFD

Network Africa (Pty) Ltd v Faris (2019) 40 ILJ 326 (LAC) by ME

Manamela ... 41.961 The Devil in the Deemed: Novel Takes on Sections 198B and D by J

Grogan and A Govindjee ... 41.608 The Effects of Violent Strikes on the Economy of a Developing Country:

A Case of South Africa by Mlungisi Tenza ... 41.519 The Evasion of Section 187(1)(c) of the Labour Relations Act ‒ National

Union of Metalworkers of South Africa v Aveng Trident Steel (a division of Aveng Africa Proprietary Ltd) (JA25/18) [2019] ZALAC 36;

(2019) 40 ILJ 2024 (LAC); [2019] 9 BLLR 899 (LAC) by R Keith-

Bandath ... 41.642 The IAAF Rules on Testosterone Levels and the Right to Health by

Tebogo M Mphidi and Emma Charlene Lubaale ... 41.410 The International Labour Organisation in Pursuit of Decent Work in

Southern Africa: An Appraisal by William Manga Mokofe... 41.573 The Law and an Ancestral Request For Exhumation by Magda Slabbert ... 41.926 The National Policy Framework and Strategy on Palliative Care

2017‒2022: What’s in it for Terminally Ill Inmates in South Africa? by

Chesné Albertus ... 41.670 The Patchwork Text as Assessment Tool for Postgraduate Law Teaching

in South Africa by JG Horn and L van Niekerk ... 41.292 The Proposed Amendment to the Definition of “Veldfire” as Articulated by

The National Veld and Forest Fire Amendment Bill [B22–2016] by

Glenwin Sefela ... 41.168 The Tentacles of Majoritarianism: How Far Can They Reach Into

Retrenchment? by Rochelle Le Roux ... 41.483 The VAT Treatment of Cryptocurrencies in South Africa: Lessons From

Australia by Ruddy Kabwe ... 41.766 Thoughts on the Decriminalisation of the Use or Possession of Cannabis

Within Private Settings – Minister of Justice and Constitutional

Development v Prince 2019 (1) SACR 14 (CC) by Philip Stevens ... 41.988 Towards a Fair Hearing For All Employees: A Case of Probationary

Employee’s in Kenya and the Right to be Heard Prior to Dismissal by

Johana K Gathongo... 41.555 Understanding the Law on Sexual Harassment in the Workplace (through

a Case Law Lens): A Classic Fool’s Errand by Lux Lesley Kubjana ... 41.88

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CONTRIBUTORS – MEDEWERKERS

ABDUROAF, MUNEER: Application of the Islamic Law of Succession in

South Africa ... 41.396 ABDUROAF, MUNEER: Comparing the Application of The Islamic Law

of Succession and Administration of Estates in Singapore with South

Africa ... 41.122 ALBERTUS, CHESNÉ: The National Policy Framework and Strategy on

Palliative Care 2017‒2022: What’s in it for Terminally Ill Inmates in

South Africa? ... 41.670 BASSON, YVETTE: The Compliance of the South African Social Security

System with the International Covenant on Economic, Social and

Cultural Rights ... 41.850 BEHARI, ASHEELIA: Lessons on Parental Leave: A Comparative

Analysis of Parental Leave in South Africa and the United Kingdom ... 41.786 BORAINE, ANDRÉ: Does the Prevention of Illegal Eviction From and

Unlawful Occupation of Land Act of 1998 Provide Adequate Family Home Protection to Insolvent Debtors or Is It Still Pie in the Sky?

(Part 1) ... 41.199 BORAINE, ANDRÉ: Does the Prevention of Illegal Eviction from and

Unlawful Occupation of Land Act of 1998 provide Adequate Family Home Protection to Insolvent Debtors or Is It Still Pie in the Sky?

(Part 2) ... 41.834 BOWDEN, SUSAN: A Critical Analysis of South African Anti-Money

Laundering Legislation with regard to Cryptocurrency ... 41.309 BRITS, REGHARD: Parate Executie Clause in Mortgage Bond Versus

Post-Default Authority to Sell ‒ Business Partners Limited v

Mahamba (4568/2016) [2019] ZAECGHC 17 (26 February 2019) ... 41.175 CHITENGI, JUSTINE SIPHO: A Legal Analysis of Labour Dispute

Prevention and Resolution Under Individual Employment Law in Zambia – Willard Mutoka v Chambeshi Water and Sewerage

Company Limited (Comp. IRCLK/382/2018) ... 41.662 CROCKER, ANGELA DIANE: Motivating Large Groups of Law Students

to Think Critically and Write Like Lawyers: Part 1 ... 41.750 DENSON, RAZAANA: A Comparative Exposition of the Law of Husband

and Wife in terms of Islamic Law, South African Law and the Law of

England and Wales ... 41.703 EBERECHI, OGHENERIOBORUE ESTHER: The Challenges of

Protecting Refugees in Mixed Migration, vis-à-vis the Application of

Articles 1f and 31 of the Refugee Convention ... 41.275 ERASMUS, DEON: A Critical Analysis of South African Anti-Money

Laundering Legislation with regard to Cryptocurrency ... 41.309 FERREIRA, S: Interpretation of a Trust Deed – Harvey v Crawford 2019

(2) SA 153 (SCA) ... 41.447 FREDERICKS, EESA A: Contractual Capacity and the Conflict of Laws

in Common-Law Jurisdictions (Part 2): Australasia, North America,

Asia and Africa ... 41.10 GATHONGO, JOHANA K: Towards a Fair Hearing For All Employees: A

Case of Probationary Employee’s in Kenya and the Right to be Heard

Prior to Dismissal... 41.555 GOOSEN, SAMANTHA: Duress by Indirect Circumstances in English

and South African Law: A Comparison – R v Brandford [2017] 2 All

ER 43; [2016] EWCA Crim 1794 ... 41.974 GOVINDJEE, A: The Devil in the Deemed: Novel Takes on Sections

198B and D ... 41.608

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GROGAN, J: The Devil in the Deemed: Novel Takes on Sections 198B

and D ... 41.608 HANSUNGULE MICHELO: Putting the Relationship between States and

the ICC into Perspective: The Viability of National Courts in Driving

Complementarity in Africa ... 41.136 HORN, JG: The Patchwork Text as Assessment Tool for Postgraduate

Law Teaching in South Africa ... 41.292 HOSSEN, RASHID: Arbitration of Labour Disputes in Mauritius ... 41.622 KABWE, RUDDY: The VAT Treatment of Cryptocurrencies in South

Africa: Lessons From Australia ... 41.766 KASONDE, CLEMENT: A Legal Analysis of Labour Dispute Prevention

and Resolution Under Individual Employment Law in Zambia – Willard Mutoka v Chambeshi Water and Sewerage Company Limited

(Comp. IRCLK/382/2018) ... 41.662 KEITH-BANDATH, R: The Evasion of Section 187(1)(c) of the Labour

Relations Act ‒ National Union of Metalworkers of South Africa v Aveng Trident Steel (a division of Aveng Africa Proprietary Ltd) (JA25/18) [2019] ZALAC 36; (2019) 40 ILJ 2024 (LAC); [2019] 9

BLLR 899 (LAC) ... 41.642 KHUMALO, BONGANI: Procedural Unfairness Occasioned by

Unreasonable Delay in Finalising a Disciplinary Inquiry ‒ Stokwe v Member of The Executive Council: Department of Education, Eastern

Cape [2018] ZACC 3 ... 41.651 KUBJANA, LUX LESLEY: Understanding the Law on Sexual Harassment

in the Workplace (through a Case Law Lens): A Classic Fool’s Errand... 41.88 LAUBSCHER, MICHAEL: Is the Sanctity of Contract Cast in Stone? An

Evaluation of AB v Pridwin Preparatory School ... 41.436 LE ROUX, ROCHELLE: The Tentacles of Majoritarianism: How Far Can

They Reach Into Retrenchment? ... 41.483 LEMINE, BRAMLEY JEMAIN: Developing a Strategy For Efficient

Environmental Authorisation of Activities Affecting Wetlands in South

Africa: Towards a Wise-Use Approach ... 41.154 LERM, HENRY: Palliative Care as a Form of Relief for the Dying: A

South African Perspective ... 41.348 LUBAALE, EMMA CHARLENE: The IAAF Rules on Testosterone Levels

and the Right to Health ... 41.410 MABEKA, NOMBULELO QUEEN: An Overview of Statutes Relating to

Civil Procedure in South Africa in Light of the Changes in Technology ... 41.684 MAIMELA, CA: Teaching the “Other Law” in a South African University:

Some Problems Encountered and Possible Solutions ... 41.1 MAITHUFI M (IN MEMORY): Teaching the “Other Law” in a South

African University: Some Problems Encountered and Possible

Solutions ... 41.1 MALOKA, TUMO: Biowatch Shield, Costs Liability for Abuse of Process

and Crossfire Litigation ‒ Biowatch Trust v Registrar Genetic

Resources 2009 (6) SA 232 (CC) ... 41.186 MANAMELA, ME: The Contest Between Religious Interests and

Business Interests ‒ TFD Network Africa (Pty) Ltd v Faris (2019) 40

ILJ 326 (LAC) ... 41.961 MATOTOKA, MOTLHATLEGO D: Discrimination on the Grounds of

Pregnancy, Denial of Maternity Leave and Lack of Conducive

Environment for Nursing Mother in the Workplace in South Africa ... 41.593 MCQUOID-MASON, DJ: Teaching Human Rights in Commonwealth

University Law Schools: Approaches and Challenges, With Passing

References to Some South African Experiences ... 41.106

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MEINTJES-VAN DER WALT, LIRIEKA: Cognitive Bias Affecting

Decision-Making in the Legal Process... 41.805 MHLONGO, LINDELWA: A Critical Analysis of South Africa’s System of

Government: From a Disjunctive System to a Synergistic System of

Government ... 41.257 MOKOFE, WILLIAM MANGA: The International Labour Organisation in

Pursuit of Decent Work in Southern Africa: An Appraisal ... 41.573 MPHIDI, TEBOGO M: The IAAF Rules on Testosterone Levels and the

Right to Health ... 41.410 MSUYA, NORAH HASHIM: Advocating Positive Traditional Culture to

Eradicate Harmful Aspects of Traditional Culture for Gender Equality

in Africa ... 41.45 MSWELA, MAUREEN: Beyond Literal Understanding: “Womb Theft” as

Metonym – An Interpretation of the Language Used to Describe

Caesarean Kidnappings ... 41.226 MUBANGIZI JC: Teaching Human Rights in Commonwealth University

Law Schools: Approaches and Challenges, With Passing References

to Some South African Experiences ... 41.106 MUJUZI, JAMIL DDAMULIRA: Electricity Theft in South Africa:

Examining the Need to Clarify the Offence and Pursue Private

Prosecution? ... 41.78 MUJUZI, JAMIL DDAMULIRA: Reconciling Customary Law and Cultural

Practices with Human Rights in Uganda ... 41.239 MUNDELA, GRACE BILOUNDA: Putting the Relationship between

States and the ICC into Perspective: The Viability of National Courts

in Driving Complementarity in Africa... 41.136 NDOU, MOFFAT MAITELE: Mental Illness, Harassment and Labour

Laws: Some Thoughts on Harassment by Employees Suffering From

Mental Illness ... 41.538 NEWAJ, KAMALESH: Does the Incorrect Classification of Misconduct

Charges Constitute Substantive Unfairness? EOH Abantu v CCMA

(2019) 40 ILJ 2477 (LAC) ... 41.631 NJOTINI, MZUKISI: Exposing the ICT Regulatory Dilemma: The Test for

Governments ... 41.328 NXOKWENI, UNATHI: Legal Pitfalls of Incompatibility in the Workplace:

An Examination of the Landmark Ruling on Racism in Rustenburg

Platinum Mine v SAEWA obo Meyer Bester 2018 (5) SA 78 (CC) ... 41.429 ODEKU, KOLA O: Discrimination on the Grounds of Pregnancy, Denial

of Maternity Leave and Lack of Conducive Environment for Nursing

Mother in the Workplace in South Africa ... 41.593 OLABOREDE, ADEBOLA: Cognitive Bias Affecting Decision-Making in

the Legal Process ... 41.805 PETÉ, STEPHEN ALLISTER: Commissions of Inquiry as a Response to

Crisis: The Role of the Jali Commission in Creating Public Awareness

of Corruption (Part 1) ... 41.903 PHUNGULA, SIMPHIWE P: The Clash Between the Employee’s Right to

Privacy and Freedom of Expression and Social Media Misconduct:

What Justifies Employee’s Dismissal to be a Fair Dismissal? ... 41.504 PRETORIUS, CJ: Interpretation of a Trust Deed – Harvey v Crawford

2019 (2) SA 153 (SCA) ... 41.447 RALIGILIA, KONANANI HAPPY: Beyond Foot-Dragging: A Reflection on

the Reluctance of South Africa’s National Prosecution Authority to

Prosecute Apartheid Crimes in Post-Transitional Justice ... 41.63 RALIGILIA, KONANANI HAPPY: Legal Pitfalls of Incompatibility in the

Workplace: An Examination of the Landmark Ruling on Racism in

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Rustenburg Platinum Mine v SAEWA obo Meyer Bester 2018 (5) SA

78 (CC) ... 41.429 REDDY, SHERSHIV: Implementing a South African E-Dispute

Resolution System For Consumer Disputes ... 41.371 SEFELA, GLENWIN: The Proposed Amendment to the Definition of

“Veldfire” as Articulated by The National Veld and Forest Fire

Amendment Bill [B22–2016] ... 41.168 SLABBERT, MAGDA: The Law and an Ancestral Request or Exhumation .. 41.926 SONGCA, RUSHIELLA: An Overview of Statutes Relating to Civil

Procedure in South Africa in Light of the Changes in Technology ... 41.684 STEVENS, PHILIP: Thoughts on the Decriminalisation of the Use or

Possession of Cannabis Within Private Settings – Minister of Justice

and Constitutional Development v Prince 2019 (1) SACR 14 (CC) ... 41.988 TAIT, MARK: Judicial Guidance on the Application of Section 49 of the

Consumer Protection Act, 2008 – Van Wyk t/a Skydive Mossel Bay v

UPS SCS South Africa (Pty) Ltd [2020] 1 All SA 857 (WCC) ... 41.948 TENZA, MLUNGISI: The Effects of Violent Strikes on the Economy of a

Developing Country: A Case of South Africa ... 41.519 VAN DER WALT, GLYNIS: A Consideration of Sections 249, 250 and

259 of the Proposed Third Amendment Bill to the Children’s Act in

Light of the Best Interests Principle ... 41.934 VAN NIEKERK, L: The Patchwork Text as Assessment Tool for

Postgraduate Law Teaching in South Africa ... 41.292 VAN TONDER, JAN-LOUIS: Predatory Pricing: Single-Firm Dominance

Exclusionary Abuse and Predatory Prices (Part 1) ... 41.831 WANKI, JUSTIN NGAMBU: Putting the Relationship between States and

the ICC into Perspective: The Viability of National Courts in Driving

Complementarity in Africa ... 41.136 WELGEMOED, MARC: Palliative Care as a Form of Relief for the Dying:

A South African Perspective ... 41.348 WOOD-BODLEY, MICHAEL CAMERON: Section 2C(1) of the Wills Act 7

of 1953 and the Meaning of “Spouse” Moosa No v Minister of Justice

2018 (5) SA 13 (CC) ... 41.461

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SUBJECT INDEX – ONDERWERPREGISTER

ADMINISTRATIVE LAW

Developing a Strategy For Efficient Environmental Authorisation of Activities Affecting Wetlands in South Africa: Towards a Wise-Use

Approach by Bramley Jemain Lemine ... 41.154 The Compliance of the South African Social Security System with the

Yvette Basson ... 41.850

ALTERNATIVE DISPUTE RESOLUTION

Implementing a South African E-Dispute Resolution System For

Consumer Disputes by Shershiv Reddy ... 41.371 The Effects of Violent Strikes on the Economy of a Developing Country:

A Case of South Africa by Mlungisi Tenza ... 41.519

ARBITRATION

The Effects of Violent Strikes on the Economy of a Developing Country:

A Case of South Africa by Mlungisi Tenza ... 41.519 The IAAF Rules on Testosterone Levels and the Right to Health by

Tebogo M Mphidi and Emma Charlene Lubaale ... 41.410

BANKING AND FINANCIAL LAW

A Critical Analysis of South African Anti-Money Laundering Legislation

with regard to Cryptocurrency by Deon Erasmus and Susan Bowden .... 41.309 The VAT Treatment of Cryptocurrencies in South Africa: Lessons From

Australia by Ruddy Kabwe ... 41.766

CHILDREN’S RIGHTS

A Consideration of Sections 249, 250 and 259 of the Proposed Third Amendment Bill to the Children’s Act in Light of the Best Interests

Principle by Glynis van der Walt ... 41.934 Is the Sanctity of Contract Cast in Stone? An Evaluation of AB v Pridwin

Preparatory School by Michael Laubscher ... 41.436

CIVIL PROCEDURE

An Overview of Statutes Relating to Civil Procedure in South Africa in Light of the Changes in Technology by Nombulelo Queen Mabeka

and Rushiella Songca... 41.684 Biowatch Shield, Costs Liability for Abuse of Process and Crossfire

Litigation ‒ Biowatch Trust v Registrar Genetic Resources 2009 (6)

SA 232 (CC) by Tumo Maloka ... 41.186

COMMERCIAL LAW

with regard to Cryptocurrency by Deon Erasmus and Susan Bowden .... 41.309 The VAT Treatment of Cryptocurrencies in South Africa: Lessons From

(10)

COMMON LAW

Contractual Capacity and the Conflict of Laws in Common-Law Jurisdictions (Part 2): Australasia, North America, Asia and Africa by

Eesa A Fredericks ... 41.10 Parate Executie Clause in Mortgage Bond Versus Post-Default Authority

ZAECGHC 17 (26 February 2019) by Reghard Brits ... 41.175 The Contest Between Religious Interests and Business Interests ‒ TFD

Manamela ... 41.961 The Law and an Ancestral Request For Exhumation by Magda Slabbert ... 41.926

COMPARATIVE LAW

by Razaana Denson ... 41.703 A Critical Analysis of South African Anti-Money Laundering Legislation

with regard to Cryptocurrency by Deon Erasmus and Susan Bowden .... 41.309 A Legal Analysis of Labour Dispute Prevention and Resolution Under

Individual Employment Law in Zambia – Willard Mutoka v Chambeshi Water and Sewerage Company Limited (Comp. IRCLK/382/2018) by

Clement Kasonde and Justine Sipho Chitengi ... 41.662 Comparing the Application of The Islamic Law of Succession and

Abduroaf ... 41.122 Contractual Capacity and the Conflict of Laws in Common-Law

Jurisdictions (Part 2): Australasia, North America, Asia and Africa by

Eesa A Fredericks ... 41.10 Does the Prevention of Illegal Eviction From and Unlawful Occupation of

Boraine ... 41.834 Duress by Indirect Circumstances in English and South African Law: A

Offence and Pursue Private Prosecution? by Jamil Ddamulira Mujuzi .... 41.78 Lessons on Parental Leave: A Comparative Analysis of Parental Leave

in South Africa and the United Kingdom by Asheelia Behari ... 41.786 Palliative Care as a Form of Relief for the Dying: A South African

Perspective by Marc Welgemoed and Henry Lerm ... 41.348 Predatory Pricing: Single-Firm Dominance Exclusionary Abuse and

Predatory Prices (Part 1) by Jan-Louis van Tonder ... 41.831 Procedural Unfairness Occasioned by Unreasonable Delay in Finalising

Khumalo ... 41.651 The Contest Between Religious Interests and Business Interests ‒ TFD

Manamela ... 41.961

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The Effects of Violent Strikes on the Economy of a Developing Country:

A Case of South Africa by Mlungisi Tenza ... 41.519

COMPETITION LAW

Predatory Pricing: Single-Firm Dominance Exclusionary Abuse and

Predatory Prices (Part 1) by Jan-Louis van Tonder ... 41.831

CONSTITUTIONAL LAW

A Critical Analysis of South Africa’s System of Government: From a Disjunctive System to a Synergistic System of Government by

Lindelwa Mhlongo ... 41.257 Commissions of Inquiry as a Response to Crisis: The Role of the Jali

Commission in Creating Public Awareness of Corruption (Part 1) by

Stephen Allister Peté ... 41.903 Cognitive Bias Affecting Decision-Making in the Legal Process by

Adebola Olaborede and Lirieka Meintjes-Van der Walt ... 41.805 Developing a Strategy For Efficient Environmental Authorisation of

Approach by Bramley Jemain Lemine ... 41.154 Does the Prevention of Illegal Eviction From and Unlawful Occupation of

Boraine ... 41.834 Exposing the ICT Regulatory Dilemma: The Test for Governments by

Mzukisi Njotini ... 41.328

CONSUMER PROTECTION LAW

Implementing a South African E-Dispute Resolution System For

Consumer Disputes by Shershiv Reddy ... 41.371 Judicial Guidance on the Application of Section 49 of the Consumer

South Africa (Pty) Ltd [2020] 1 All SA 857 (WCC) by Mark Tait ... 41.948

CONTRACT

Contractual Capacity and the Conflict of Laws in Common-Law Jurisdictions (Part 2): Australasia, North America, Asia and Africa by

Eesa A Fredericks ... 41.10 Interpretation of a Trust Deed – Harvey v Crawford 2019 (2) SA 153

(SCA) by S Ferreira and CJ Pretorius ... 41.447 Is the Sanctity of Contract Cast in Stone? An Evaluation of AB v Pridwin

Preparatory School by Michael Laubscher ... 41.436 Parate Executie Clause in Mortgage Bond Versus Post-Default Authority

ZAECGHC 17 (26 February 2019) by Reghard Brits ... 41.175

(12)

COSTS

Biowatch Shield, Costs Liability for Abuse of Process and Crossfire Litigation ‒ Biowatch Trust v Registrar Genetic Resources 2009 (6)

SA 232 (CC) by Tumo Maloka ... 41.186

CRIMINAL LAW

with regard to Cryptocurrency by Deon Erasmus and Susan Bowden .... 41.309 Beyond Foot-Dragging: A Reflection on the Reluctance of South Africa’s

Post-Transitional Justice by Konanani Happy Raligilia ... 41.63 Beyond Literal Understanding: “Womb Theft” as Metonym – An

Kidnappings by Maureen Mswela ... 41.226 Duress by Indirect Circumstances in English and South African Law: A

Offence and Pursue Private Prosecution? by Jamil Ddamulira Mujuzi .... 41.78 The Law and an Ancestral Request For Exhumation by Magda Slabbert ... 41.926 Thoughts on the Decriminalisation of the Use or Possession of Cannabis

Development v Prince 2019 (1) SACR 14 (CC) by Philip Stevens ... 41.988

CRIMINAL PROCEDURE

Cognitive Bias Affecting Decision-Making in the Legal Process by

Adebola Olaborede and Lirieka Meintjes-Van der Walt ... 41.805

CUSTOMARY LAW

Advocating Positive Traditional Culture to Eradicate Harmful Aspects of Traditional Culture for Gender Equality in Africa by Norah Hashim

Msuya ... 41.45 Reconciling Customary Law and Cultural Practices with Human Rights in

Uganda by Jamil Ddamulira Mujuzi ... 41.239 The Law and an Ancestral Request For Exhumation by Magda Slabbert ... 41.926

EDUCATION LAW

Motivating Large Groups of Law Students to Think Critically and Write

Like Lawyers: Part 1 by Angela Diane Crocker ... 41.750 Teaching Human Rights in Commonwealth University Law Schools:

South African Experiences by JC Mubangizi and DJ McQuoid-Mason ... 41.106 Teaching the “Other Law” in a South African University: Some Problems

and CA Maimela ... 41.1 The Patchwork Text as Assessment Tool for Postgraduate Law Teaching

in South Africa by JG Horn and L van Niekerk ... 41.292

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ENVIRONMENTAL LAW

Developing a Strategy For Efficient Environmental Authorisation of Activities Affecting Wetlands in South Africa: Towards a Wise-Use

Approach by Bramley Jemain Lemine ... 41.154 The Proposed Amendment to the Definition of “Veldfire” as Articulated by

Glenwin Sefela ... 41.168

FAMILY LAW

by Razaana Denson ... 41.703 A Consideration of Sections 249, 250 and 259 of the Proposed Third

Amendment Bill to the Children’s Act in Light of the Best Interests

Principle by Glynis van der Walt ... 41.934 Does the Prevention of Illegal Eviction From and Unlawful Occupation of

Boraine ... 41.199

FINANCIAL MARKETS

with regard to Cryptocurrency by Deon Erasmus and Susan Bowden .... 41.309

FOREIGN LAW

Arbitration of Labour Disputes in Mauritius by Rashid Hossen ... 41.622 Putting the Relationship between States and the ICC into Perspective:

Hansungule ... 41.136 Reconciling Customary Law and Cultural Practices with Human Rights in

Uganda by Jamil Ddamulira Mujuzi ... 41.239 The Contest Between Religious Interests and Business Interests ‒ TFD

Manamela ... 41.961 The Effects of Violent Strikes on the Economy of a Developing Country:

A Case of South Africa by Mlungisi Tenza ... 41.519 Towards a Fair Hearing For All Employees: A Case of Probationary

Johana K Gathongo... 41.555

HEALTH CARE

Mental Illness, Harassment and Labour Laws: Some Thoughts on Harassment by Employees Suffering From Mental Illness by Moffat

Maitele Ndou ... 41.538 Palliative Care as a Form of Relief for the Dying: A South African

Perspective by Marc Welgemoed and Henry Lerm ... 41.348 The National Policy Framework and Strategy on Palliative Care

Chesné Albertus ... 41.670

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HUMAN RIGHTS

Msuya ... 41.45 Beyond Foot-Dragging: A Reflection on the Reluctance of South Africa’s

Post-Transitional Justice by Konanani Happy Raligilia ... 41.63 Developing a Strategy For Efficient Environmental Authorisation of

Approach by Bramley Jemain Lemine ... 41.154 Discrimination on the Grounds of Pregnancy, Denial of Maternity Leave

Odeku ... 41.593 Does the Prevention of Illegal Eviction From and Unlawful Occupation of

Boraine ... 41.834 Is the Sanctity of Contract Cast in Stone? An Evaluation of AB v Pridwin

Preparatory School by Michael Laubscher ... 41.436 Legal Pitfalls of Incompatibility in the Workplace: An Examination of the

and Unathi Nxokweni ... 41.429 Palliative Care as a Form of Relief for the Dying: A South African

Perspective by Marc Welgemoed and Henry Lerm ... 41.348 Reconciling Customary Law and Cultural Practices with Human Rights in

Uganda by Jamil Ddamulira Mujuzi ... 41.239 Teaching Human Rights in Commonwealth University Law Schools:

South African Experiences by JC Mubangizi and DJ McQuoid-Mason ... 41.106 The Clash Between the Employee’s Right to Privacy and Freedom of

Dismissal to be a Fair Dismissal? by Simphiwe P Phungula ... 41.504 The Contest Between Religious Interests and Business Interests ‒ TFD

Manamela ... 41.961 The IAAF Rules on Testosterone Levels and the Right to Health by

Southern Africa: An Appraisal by William Manga Mokofe... 41.573 The National Policy Framework and Strategy on Palliative Care

Chesné Albertus ... 41.670 Understanding the Law on Sexual Harassment in the Workplace (through

INFORMATION TECHNOLOGY LAW

An Overview of Statutes Relating to Civil Procedure in South Africa in Light of the Changes in Technology by Nombulelo Queen Mabeka

and Rushiella Songca... 41.684

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Exposing the ICT Regulatory Dilemma: The Test for Governments by

Mzukisi Njotini ... 41.328

INSOLVENCY LAW

Does the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act of 1998 Provide Adequate Family Home Protection to Insolvent Debtors or Is It Still Pie in the Sky? (Part 1) by André

Boraine ... 41.834

INTERNATIONAL CRIMINAL LAW

Putting the Relationship between States and the ICC into Perspective:

Hansungule ... 41.136

INTERNATIONAL LAW

Putting the Relationship between States and the ICC into Perspective:

Hansungule ... 41.136 The Challenges of Protecting Refugees in Mixed Migration, vis-à-vis the

Oghenerioborue Esther Eberechi ... 41.275 The Compliance of the South African Social Security System with the

Yvette Basson ... 41.850 The IAAF Rules on Testosterone Levels and the Right to Health by

Southern Africa: An Appraisal by William Manga Mokofe... 41.573 Towards a Fair Hearing For All Employees: A Case of Probationary

Johana K Gathongo... 41.555

ISLAMIC LAW

by Razaana Denson ... 41.703 Application of the Islamic Law of Succession in South Africa by Muneer

Abduroaf ... 41.396 Comparing the Application of The Islamic Law of Succession and

Abduroaf ... 41.122

JURISPRUDENCE

Beyond Literal Understanding: “Womb Theft” as Metonym – An Interpretation of the Language Used to Describe Caesarean

Kidnappings by Maureen Mswela ... 41.226

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LABOUR LAW

A Legal Analysis of Labour Dispute Prevention and Resolution Under Individual Employment Law in Zambia – Willard Mutoka v Chambeshi Water and Sewerage Company Limited (Comp. IRCLK/382/2018) by

Clement Kasonde and Justine Sipho Chitengi ... 41.662 Arbitration of Labour Disputes in Mauritius by Rashid Hossen ... 41.622 Discrimination on the Grounds of Pregnancy, Denial of Maternity Leave

Odeku ... 41.593 Does the Incorrect Classification of Misconduct Charges Constitute

Substantive Unfairness? EOH Abantu v CCMA (2019) 40 ILJ 2477

(LAC) by Kamalesh Newaj ... 41.631 Legal Pitfalls of Incompatibility in the Workplace: An Examination of the

and Unathi Nxokweni ... 41.429 Lessons on Parental Leave: A Comparative Analysis of Parental Leave

in South Africa and the United Kingdom by Asheelia Behari ... 41.786 Mental Illness, Harassment and Labour Laws: Some Thoughts on

Maitele Ndou ... 41.538 Procedural Unfairness Occasioned by Unreasonable Delay in Finalising

Khumalo ... 41.651 The Clash Between the Employee’s Right to Privacy and Freedom of

Dismissal to be a Fair Dismissal? by Simphiwe P Phungula ... 41.504 The Contest Between Religious Interests and Business Interests ‒ TFD

Manamela ... 41.961 The Devil in the Deemed: Novel Takes on Sections 198B and D by J

Grogan and A Govindjee ... 41.608 The Effects of Violent Strikes on the Economy of a Developing Country:

A Case of South Africa by Mlungisi Tenza ... 41.519 The Evasion of Section 187(1)(c) of the Labour Relations Act ‒ National

Bandath ... 41.642 The International Labour Organisation in Pursuit of Decent Work in

Southern Africa: An Appraisal by William Manga Mokofe... 41.573 The Tentacles of Majoritarianism: How Far Can They Reach Into

Retrenchment? by Rochelle Le Roux ... 41.483 Towards a Fair Hearing For All Employees: A Case of Probationary

Johana K Gathongo... 41.555 Understanding the Law on Sexual Harassment in the Workplace (through

LAW OF SUCCESSION

Application of the Islamic Law of Succession in South Africa by Muneer

Abduroaf ... 41.396

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Comparing the Application of The Islamic Law of Succession and Administration of Estates in Singapore with South Africa by Muneer

Abduroaf ... 41.122 Section 2C(1) of the Wills Act 7 of 1953 and the Meaning of “Spouse”

Cameron Wood-Bodley ... 41.461

LEGAL INTERPRETATION

A Consideration of Sections 249, 250 and 259 of the Proposed Third Amendment Bill to the Children’s Act in Light of the Best Interests

Principle by Glynis van der Walt ... 41.934 Beyond Literal Understanding: “Womb Theft” as Metonym – An

Kidnappings by Maureen Mswela ... 41.226 Interpretation of a Trust Deed – Harvey v Crawford 2019 (2) SA 153

(SCA) by S Ferreira and CJ Pretorius ... 41.447 Judicial Guidance on the Application of Section 49 of the Consumer

South Africa (Pty) Ltd [2020] 1 All SA 857 (WCC) by Mark Tait ... 41.948 Predatory Pricing: Single-Firm Dominance Exclusionary Abuse and

Predatory Prices (Part 1) by Jan-Louis van Tonder ... 41.831 Section 2C(1) of the Wills Act 7 of 1953 and the Meaning of “Spouse”

Cameron Wood-Bodley ... 41.461 The Challenges of Protecting Refugees in Mixed Migration, vis-à-vis the

Oghenerioborue Esther Eberechi ... 41.275 The Devil in the Deemed: Novel Takes on Sections 198B and D by J

Grogan and A Govindjee ... 41.608 The Evasion of Section 187(1)(c) of the Labour Relations Act ‒ National

Bandath ... 41.642 The Proposed Amendment to the Definition of “Veldfire” as Articulated by

Glenwin Sefela ... 41.168 The Tentacles of Majoritarianism: How Far Can They Reach Into

Retrenchment? by Rochelle Le Roux ... 41.483 Thoughts on the Decriminalisation of the Use or Possession of Cannabis

Development v Prince 2019 (1) SACR 14 (CC) by Philip Stevens ... 41.988

LLB REFORM

Motivating Large Groups of Law Students to Think Critically and Write

Like Lawyers: Part 1 by Angela Diane Crocker ... 41.750 Teaching the “Other Law” in a South African University: Some Problems

and CA Maimela ... 41.1

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MEDICAL LAW

Beyond Literal Understanding: “Womb Theft” as Metonym – An Interpretation of the Language Used to Describe Caesarean

Kidnappings by Maureen Mswela ... 41.226 Mental Illness, Harassment and Labour Laws: Some Thoughts on

Maitele Ndou ... 41.538 The Law and an Ancestral Request For Exhumation by Magda Slabbert ... 41.926

MONEY LAUNDERING

with regard to Cryptocurrency by Deon Erasmus and Susan Bowden .... 41.309

PRIVATE INTERNATIONAL LAW

Comparing the Application of The Islamic Law of Succession and Administration of Estates in Singapore with South Africa by Muneer

Abduroaf ... 41.122

PROPERTY LAW

Does the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act of 1998 Provide Adequate Family Home Protection to Insolvent Debtors or Is It Still Pie in the Sky? (Part 1) by André

Boraine ... 41.834 Parate Executie Clause in Mortgage Bond Versus Post-Default Authority

ZAECGHC 17 (26 February 2019) by Reghard Brits ... 41.175

REFUGEE LAW

The Challenges of Protecting Refugees in Mixed Migration, vis-à-vis the Application of Articles 1f and 31 of the Refugee Convention by

Oghenerioborue Esther Eberechi ... 41.275

REGIONAL LAW

Msuya ... 41.45 Putting the Relationship between States and the ICC into Perspective:

Hansungule ... 41.136 The International Labour Organisation in Pursuit of Decent Work in

Southern Africa: An Appraisal by William Manga Mokofe... 41.573

SOCIAL SECURITY LAW

The Compliance of the South African Social Security System with the International Covenant on Economic, Social and Cultural Rights by

Yvette Basson ... 41.850

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SPORT LAW

The IAAF Rules on Testosterone Levels and the Right to Health by

Tebogo M Mphidi and Emma Charlene Lubaale ... 41.410

TAX LAW

The VAT Treatment of Cryptocurrencies in South Africa: Lessons From

TRUST LAW

Interpretation of a Trust Deed – Harvey v Crawford 2019 (2) SA 153

(SCA) by S Ferreira and CJ Pretorius ... 41.447

WILLS

Section 2C(1) of the Wills Act 7 of 1953 and the Meaning of “Spouse”

Cameron Wood-Bodley ... 41.461