O B I T E R

(1)

O B I T E R

__________________

INDEX / INDEKS VOLUME 42

(2021)

(2)

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 Dissolution of a Marriage in Terms of Islamic Law, South African Law and the Law of England and Wales –

Part 2 by Razaana Denson ... 42.352 A Comparative Study of Islamic and South African Law on Living and

Cadaveric Organ Donations: Consensus and Divergence by SS

Nadvi and M Osman-Hyder ... 42.608 A Critical Appraisal of Dismissals at the Behest of a Third Party: The

Impact of the Constitutional Labour Rights by Tumo Charles Maloka ... 42.105 A Discussion on the Issue of Costs in Relation to Derivative Proceedings

in Section 165 of the Companies Act 71 of 2008 by Darren

Subramanien ... 42.210 A Plea of Double Jeopardy by Accused Employers: Are There Limits? by

Fareed Moosa ... 42.394 An Analysis of Aspects of the Proposed Reform of the Financial

Consumer Complaint Resolution Mechanisms in the South African

Banking Sector by Michel M Koekemoer ... 42.336 An Analysis of the Right of a Muslim Child Born Out of Wedlock to Inherit

from His or Her Deceased Parent in terms of the Law of Succession:

A South African Case Study by Muneer Abduroaf ... 42.126 Are Trustees of the Estates of Owners of Sectional Title Units Not Fully

Covered by Section 89 of the Insolvency Act? by Kgosi Mokgoetsi

and Clement Marumoagae ... 42.229 Balancing the Investor Protection with a State’s Regulatory Autonomy in

the Amended SADC FIP by Mmiselo Freedom Qumba... 42.625 Barking Up the Wrong Tree ‒ The Actio De Pauperie Revisited Van

Meyeren v Cloete (636/2019) [2020] ZASCA 100 (11 September

2020) by André Mukheibir ... 42.703 Breach of the Implied Duty to Preserve Mutual Trust and Confidence in

an Employment Relationship: A Case Study of Moyo v Old Mutual Limited (22791/2019) [2019] ZAGPJHC 229 (30 July 2019) by

Konanani Happy Raligilia and Kodisang Mpho Bokaba... 42.714 Burn Victims and Skin Donations: A Legal Perspective by Magda

Slabbert and Bonnie Venter ... 42.289 Collective Bargaining Misjudged: The Marikana Massacre by Saul

Porsche Makama and Lesley Kwena Kubjana ... 42.39 Combating Harassment Under the Protection from Harassment Act 17 of

2011 in South Africa: Does it Punish Victims and Protect Perpetrators? by Bronwyn Le-Ann Batchelor and Shelton Tapiwa

Mota Makore ... 42.269 Commissions of Inquiry as a Response to Crisis: The Role of the Jali

Commission in Creating Public Awareness of Corruption (Part 2) by

Stephen Allister Peté ... 42.246 Corruption in Land Administration and Governance: A Hurdle to

Transitional Justice in the Post-Apartheid South Africa? by

Gaopalelwe Mathiba ... 42.561 Dismissal Arising from Flouting Covid-19 Health and Safety Protocols ‒

Eskort Limited v Stuurman Mogotsi [2021] ZALCJHB 53 by CI

Tshoose ... 42.692 (Don’t) Hold Your Breath: The South African Covid-19 Vaccine Approval

Process and Regulatory Framework by Larisse Prinsen ... 42.685

(3)

Methods to Use When Teaching Legal Ethics in South Africa by E

Snyman-Van Deventer ... 42.312 Mistaken Identity of the Victim in Criminal Law by Shannon Hoctor ... 42.676 Motivating Large Groups of Law Students to Think Critically and Write

Like Lawyers: Part 2 by Angela Diane Crocker ... 42.1 Old Habits Die Hard ‒ The South African Revenue Service’s Inability to

Comply with Its Own Legislation Sip Project Managers (Pty) Ltd v C:SARS Case number: 11521/2020 Gauteng Division, Pretoria (30

April 2020) by Carika Fritz ... 42.436 Predatory Pricing: Single-Firm Dominance Exclusionary Abuse and

Predatory Prices (Part 2) by Jan-Louis van Tonder ... 42.194 Predatory Pricing: Single-Firm Dominance, Exclusionary Abuse and

Predatory Prices (Part 3) by Jan-Louis van Tonder ... 42.470 Protecting the Vulnerable in South Africa: Prohibition of Corporal

Punishment in the Private Sphere by Lizelle Ramaccio Calvino ... 42.580 Regulating Construction Procurement Law in South Africa – Does the

New Framework for Infrastructure Delivery and Procurement

Management Undermine the Rule of Law? by Allison Anthony ... 42.136 Selected Challenges Affecting the Retroactive Transfer Pricing

Adjustments of Imported Goods in South Africa by Howard Chitimira

and Oratile Maselwa ... 42.654 Separation of Powers; Checks and Balances and Judicial Exercise of

Self-Restraint: An Analysis of Case Law by Magabe T Thabo and

Kola O Odeku ... 42.547 Some Clarity on the Accrual of Living Annuities at Death or Divorce CM v

EM (1086/2018) [2020] ZASCA 48; [2020] 3 All SA 1 (SCA); 2020 (5)

SA 49 (SCA) (5 May 2020) by Eben Nel ... 42.421 Suitability of the Remedy of Divestiture in Non-Merger Cases: A South

African Perspective by Phumudzo S Munyai ... 42.84 Surrogacy Agreements and the Rights of Children in Nigeria and South

Africa by Olusegun Olaitan Oluwaseyi and Olatawura Oladimeji ... 42.20 The 1982 United Nations Law of the Sea Convention: Unresolved Issues

Remain by George Barrie ... 42.529 The Concept of “Indigenous Land Tenure” Surfaces in Namibia: A

Comparative Overview ‒ Agnes Kahimbi Kashela v Katima Mulilo Town Council (SA 15/2017) [2018] NASC 409 (16 November 2018)

by George Barrie ... 42.175 The Constitutional Role of the Judiciary in cases of Sexual GBV: An

Analysis of the Tshabalala v S; NTULI v S 2020 (5) SA 1 (CC) Case

by Glancina Mokone ... 42.406 The Efficacy of Section 2(4)(l) of the National Environmental

Management Act in the Context of Cooperative Environmental

Governance by Bramley Jemain Lemine ... 42.162 The Juristic Nature of iLobolo Agreements in Modern South Africa by

Siyabonga Sibisi ... 42.57 The Principle of Legality and the Requirements of Lawfulness and

Procedural Rationality ‒ A Critical Analysis of Law Society of South Africa v President of the RSA by Warren Freedman and Nkosinathi

Mzolo ... 42.421 The Relevance and Impact of South African Labour Law in the Mining

Sector: A Fourth Industrial Revolution Perspective by Faheemah

Karolia-Hussain and Elmarie Fourie ... 42.445 The Relief Provided to a Complainant Under Section 163(1)(A) of the

2008 Companies Act: An Examination of the Criterion with Reference

to Peel v Hamon J&C Engineering (Pty) Ltd by Simphiwe S Bidie ... 42.595

(4)

The “Revolving Door” of the Customary Marriages’ Validity Requirement in Action ‒ Mbungela v Mkabi [2019] ZASCA 134 by Mpho Paulus

Bapela and Phillip Lesetja Monyamane... 42.186 The Rule of Law in Indian Administrative Law Versus the Principle of

Legality in South African Administrative Law: Some Observations by

Radley Henrico ... 42.486 Value Added Tax in the Digital Economy: A Fresh Look at the South

African Dispensation by Ruddy Kabwe and SP van Zyl ... 42.499 Voluntary Withdrawal in the Context of Attempt – A Defence? by

Shannon Hoctor ... 42.148 Warrantless Searches and Awards for Damages in Light of the Judgment

in Shashape v The Minister of Police Case No.: 1566/2018 by Delano

Cole van der Linde ... 42.720 When is a Donor a Daddy? Informal Agreements with Known Sperm

Donors: Lessons from Abroad by C van Niekerk ... 42.70 YM v LB (465/09) [2010] ZASCA 106 (17 September 2010) by LG

Curlewis ... 42.431

(5)

CONTRIBUTORS – MEDEWERKERS

ABDUROAF, MUNEER An Analysis of the Right of a Muslim Child Born Out of Wedlock to Inherit from His or Her Deceased Parent in terms

of the Law of Succession: A South African Case Study ... 42.126 ANTHONY, ALLISON Regulating Construction Procurement Law in

South Africa – Does the New Framework for Infrastructure Delivery

and Procurement Management Undermine the Rule of Law? ... 42.136 BAPELA, MPHO PAULUS The “Revolving Door” of the Customary

Marriages’ Validity Requirement in Action ‒ Mbungela v Mkabi [2019]

ZASCA 134 ... 42.186 BARRIE, GEORGE The 1982 United Nations Law of the Sea

Convention: Unresolved Issues Remain... 42.529 BARRIE, GEORGE The Concept of “Indigenous Land Tenure” Surfaces

in Namibia: A Comparative Overview ‒ Agnes Kahimbi Kashela v Katima Mulilo Town Council (SA 15/2017) [2018] NASC 409 (16

November 2018) ... 42.175 BATCHELOR, BRONWYN LE-ANN Combating Harassment Under the

Protection from Harassment Act 17 of 2011 in South Africa: Does it

Punish Victims and Protect Perpetrators? ... 42.269 BIDIE, SIMPHIWE S The Relief Provided to a Complainant Under

Section 163(1)(A) of the 2008 Companies Act: An Examination of the

Criterion with Reference to Peel v Hamon J&C Engineering (Pty) Ltd .... 42.595 BOKABA, KODISANG MPHO Breach of the Implied Duty to Preserve

Mutual Trust and Confidence in an Employment Relationship: A Case Study of Moyo v Old Mutual Limited (22791/2019) [2019] ZAGPJHC

229 (30 July 2019) ... 42.714 CALVINO, LIZELLE RAMACCIO Protecting the Vulnerable in South

Africa: Prohibition of Corporal Punishment in the Private Sphere ... 42.580 CHITIMIRA, HOWARD Selected Challenges Affecting the Retroactive

Transfer Pricing Adjustments of Imported Goods in South Africa ... 42.654 CROCKER, ANGELA DIANE Motivating Large Groups of Law Students

to Think Critically and Write Like Lawyers: Part 2 ... 42.1 CURLEWIS, LG YM v LB (465/09) [2010] ZASCA 106 (17 September

2010) ... 42.431 DENSON, RAZAANA A Comparative Exposition of the Dissolution of a

Marriage in Terms of Islamic Law, South African Law and the Law of

England and Wales – Part 2 ... 42.352 FOURIE, ELMARIE The Relevance and Impact of South African Labour

Law in the Mining Sector: A Fourth Industrial Revolution Perspective .... 42.445 FREEDMAN, WARREN The Principle of Legality and the Requirements

of Lawfulness and Procedural Rationality ‒ A Critical Analysis of Law

Society of South Africa v President of the RSA ... 42.421 FRITZ, CARIKA Old Habits Die Hard ‒ The South African Revenue

Service’s Inability to Comply with Its Own Legislation Sip Project Managers (Pty) Ltd v C:SARS Case number: 11521/2020 Gauteng

Division, Pretoria (30 April 2020) ... 42.436 HENRICO, RADLEY The Rule of Law in Indian Administrative Law

Versus the Principle of Legality in South African Administrative Law:

Some Observations ... 42.486 HOCTOR, SHANNON Mistaken Identity of the Victim in Criminal Law ... 42.676 HOCTOR, SHANNON Voluntary Withdrawal in the Context of Attempt –

A Defence? ... 42.148 KABWE, RUDDY Value Added Tax in the Digital Economy: A Fresh Look

at the South African Dispensation ... 42.499

(6)

KAROLIA-HUSSAIN, FAHEEMAH The Relevance and Impact of South African Labour Law in the Mining Sector: A Fourth Industrial

Revolution Perspective ... 42.445 KOEKEMOER, MICHEL M An Analysis of Aspects of the Proposed

Reform of the Financial Consumer Complaint Resolution

Mechanisms in the South African Banking Sector ... 42.336 KUBJANA, LESLEY KWENA Collective Bargaining Misjudged: The

Marikana Massacre ... 42.39 LEMINE, BRAMLEY JEMAIN The Efficacy of Section 2(4)(l) of the

National Environmental Management Act in the Context of

Cooperative Environmental Governance ... 42.162 MAKAMA, SAUL PORSCHE Collective Bargaining Misjudged: The

Marikana Massacre ... 42.39 MAKORE, SHELTON TAPIWA MOTA Combating Harassment Under the

Protection from Harassment Act 17 of 2011 in South Africa: Does it

Punish Victims and Protect Perpetrators? ... 42.269 MALOKA, TUMO CHARLES A Critical Appraisal of Dismissals at the

Behest of a Third Party: The Impact of the Constitutional Labour

Rights ... 42.105 MARUMOAGAE, CLEMENT Are Trustees of the Estates of Owners of

Sectional Title Units Not Fully Covered by Section 89 of the

Insolvency Act? ... 42.229 MASELWA, ORATILE Selected Challenges Affecting the Retroactive

Transfer Pricing Adjustments of Imported Goods in South Africa ... 42.654 MATHIBA, GAOPALELWE Corruption in Land Administration and

Governance: A Hurdle to Transitional Justice in the Post-Apartheid

South Africa? ... 42.561 MOKGOETSI, KGOSI Are Trustees of the Estates of Owners of

Sectional Title Units Not Fully Covered by Section 89 of the

Insolvency Act? ... 42.229 MOKONE, GLANCINA The Constitutional Role of the Judiciary in cases

of Sexual GBV: An Analysis of the Tshabalala v S; NTULI v S 2020

(5) SA 1 (CC) Case ... 42.406 MONYAMANE, PHILLIP LESETJA The “Revolving Door” of the

Customary Marriages’ Validity Requirement in Action ‒ Mbungela v

Mkabi [2019] ZASCA 134 ... 42.186 MOOSA, FAREED A Plea of Double Jeopardy by Accused Employers:

Are There Limits? ... 42.394 MUNYAI, PHUMUDZO S Suitability of the Remedy of Divestiture in Non-

Merger Cases: A South African Perspective ... 42.84 MZOLO, NKOSINATHI The Principle of Legality and the Requirements of

Lawfulness and Procedural Rationality ‒ A Critical Analysis of Law

Society of South Africa v President of the RSA ... 42.421 NADVI, SS A Comparative Study of Islamic and South African Law on

Living and Cadaveric Organ Donations: Consensus and Divergence .... 42.608 NEL, EBEN Some Clarity on the Accrual of Living Annuities at Death or

Divorce CM v EM (1086/2018) [2020] ZASCA 48; [2020] 3 All SA 1

(SCA); 2020 (5) SA 49 (SCA) (5 May 2020) ... 42.421 ODEKU, KOLA O Separation of Powers; Checks and Balances and

Judicial Exercise of Self-Restraint: An Analysis of Case Law ... 42.547 OLADIMEJI, OLATAWURA Surrogacy Agreements and the Rights of

Children in Nigeria and South Africa ... 42.20 OLUWASEYI, OLUSEGUN OLAITAN Surrogacy Agreements and the

Rights of Children in Nigeria and South Africa ... 42.20

(7)

OSMAN-HYDER, M A Comparative Study of Islamic and South African Law on Living and Cadaveric Organ Donations: Consensus and

Divergence ... 42.608 PRINSEN, LARISSE (Don’t) Hold Your Breath: The South African Covid-

19 Vaccine Approval Process and Regulatory Framework... 42.685 QUMBA, MMISELO FREEDOM Balancing the Investor Protection with a

State’s Regulatory Autonomy in the Amended SADC FIP ... 42.625 RALIGILIA, KONANANI HAPPY Breach of the Implied Duty to Preserve

Mutual Trust and Confidence in an Employment Relationship: A Case Study of Moyo v Old Mutual Limited (22791/2019) [2019] ZAGPJHC

229 (30 July 2019) ... 42.714 SIBISI, SIYABONGA The Juristic Nature of iLobolo Agreements in

Modern South Africa ... 42.57 SLABBERT, MAGDA Burn Victims and Skin Donations: A Legal

Perspective ... 42.289 SNYMAN-VAN DEVENTER, E Methods to Use When Teaching Legal

Ethics in South Africa ... 42.312 SUBRAMANIEN, DARREN A Discussion on the Issue of Costs in

Relation to Derivative Proceedings in Section 165 of the Companies

Act 71 of 2008 ... 42.210 THABO, MAGABE T Separation of Powers; Checks and Balances and

Judicial Exercise of Self-Restraint: An Analysis of Case Law ... 42.547 TSHOOSE, CI Dismissal Arising from Flouting Covid-19 Health and

Safety Protocols ‒ Eskort Limited v Stuurman Mogotsi [2021]

ZALCJHB 53 ... 42.692 VAN TONDER, JAN-LOUIS Predatory Pricing: Single-Firm Dominance

Exclusionary Abuse and Predatory Prices (Part 2) ... 42.194 VAN TONDER, JAN-LOUIS Predatory Pricing: Single-Firm Dominance,

Exclusionary Abuse and Predatory Prices (Part 3) ... 42.470 VAN ZYL, SP Value Added Tax in the Digital Economy: A Fresh Look at

the South African Dispensation ... 42.499 VENTER, BONNIE Burn Victims and Skin Donations: A Legal

Perspective ... 42.289 VAN DER LINDE, DELANO COLEWarrantless Searches and Awards for

Damages in Light of the Judgment in Shashape v The Minister of

Police Case No.: 1566/2018 ... 42.720 VAN NIEKERK, C When is a Donor a Daddy? Informal Agreements with

Known Sperm Donors: Lessons from Abroad ... 42.70

(8)

SUBJECT INDEX – ONDERWERPREGISTER

ADMINISTRATIVE LAW

Regulating Construction Procurement Law in South Africa – Does the New Framework for Infrastructure Delivery and Procurement

Management Undermine the Rule of Law? by Allison Anthony ... 42.136 The Rule of Law in Indian Administrative Law Versus the Principle of

Radley Henrico ... 42.486

ALTERNATIVE DISPUTE RESOLUTION

An Analysis of Aspects of the Proposed Reform of the Financial Consumer Complaint Resolution Mechanisms in the South African

Banking Sector by Michel M Koekemoer ... 42.336

ANTI-CORRUPTION LAW

Corruption in Land Administration and Governance: A Hurdle to Transitional Justice in the Post-Apartheid South Africa? by

Gaopalelwe Mathiba ... 42.561

BANKING AND FINANCIAL LAW

CHILDREN’S RIGHTS

Protecting the Vulnerable in South Africa: Prohibition of Corporal

Punishment in the Private Sphere by Lizelle Ramaccio Calvino ... 42.580 Surrogacy Agreements and the Rights of Children in Nigeria and South

Africa by Olusegun Olaitan Oluwaseyi and Olatawura Oladimeji ... 42.20 When is a Donor a Daddy? Informal Agreements with Known Sperm

Curlewis ... 42.431

CIVIL PROCEDURE

A Plea of Double Jeopardy by Accused Employers: Are There Limits? by

Fareed Moosa ... 42.394

COMMON LAW

A Discussion on the Issue of Costs in Relation to Derivative Proceedings in Section 165 of the Companies Act 71 of 2008 by Darren

Subramanien ... 42.210 A Plea of Double Jeopardy by Accused Employers: Are There Limits? by

Fareed Moosa ... 42.394 Barking Up the Wrong Tree ‒ The Actio De Pauperie Revisited Van

Meyeren v Cloete (636/2019) [2020] ZASCA 100 (11 September

2020) by André Mukheibir ... 42.703

(9)

Combating Harassment Under the Protection from Harassment Act 17 of 2011 in South Africa: Does it Punish Victims and Protect Perpetrators? by Bronwyn Le-Ann Batchelor and Shelton Tapiwa

Mota Makore ... 42.269 Mistaken Identity of the Victim in Criminal Law by Shannon Hoctor ... 42.676 Protecting the Vulnerable in South Africa: Prohibition of Corporal

Punishment in the Private Sphere by Lizelle Ramaccio Calvino ... 42.580 The Concept of “Indigenous Land Tenure” Surfaces in Namibia: A

by George Barrie ... 42.175 The Constitutional Role of the Judiciary in cases of Sexual GBV: An

by Glancina Mokone ... 42.406

COMPANY LAW

Subramanien ... 42.210 The Relief Provided to a Complainant Under Section 163(1)(A) of the

to Peel v Hamon J&C Engineering (Pty) Ltd by Simphiwe S Bidie ... 42.595

COMPARATIVE LAW

Nadvi and M Osman-Hyder ... 42.608 A Discussion on the Issue of Costs in Relation to Derivative Proceedings

Subramanien ... 42.210 Balancing the Investor Protection with a State’s Regulatory Autonomy in

the Amended SADC FIP by Mmiselo Freedom Qumba... 42.625 Burn Victims and Skin Donations: A Legal Perspective by Magda

Slabbert and Bonnie Venter ... 42.289 Combating Harassment Under the Protection from Harassment Act 17 of

Mota Makore ... 42.269 Predatory Pricing: Single-Firm Dominance Exclusionary Abuse and

Predatory Prices (Part 3) by Jan-Louis van Tonder ... 42.470 Protecting the Vulnerable in South Africa: Prohibition of Corporal

Punishment in the Private Sphere by Lizelle Ramaccio Calvino ... 42.580 Suitability of the Remedy of Divestiture in Non-Merger Cases: A South

Africa by Olusegun Olaitan Oluwaseyi and Olatawura Oladimeji ... 42.20 The Concept of “Indigenous Land Tenure” Surfaces in Namibia: A

Comparative Overview ‒ Agnes Kahimbi Kashela v Katima Mulilo

(10)

Town Council (SA 15/2017) [2018] NASC 409 (16 November 2018)

by George Barrie ... 42.175 The Rule of Law in Indian Administrative Law Versus the Principle of

Radley Henrico ... 42.486 Value Added Tax in the Digital Economy: A Fresh Look at the South

African Dispensation by Ruddy Kabwe and SP van Zyl ... 42.499 Voluntary Withdrawal in the Context of Attempt – A Defence? by

Shannon Hoctor ... 42.148 When is a Donor a Daddy? Informal Agreements with Known Sperm

Donors: Lessons from Abroad by C van Niekerk ... 42.70

COMPETITION LAW

Predatory Pricing: Single-Firm Dominance Exclusionary Abuse and

Predatory Prices (Part 3) by Jan-Louis van Tonder ... 42.470 Suitability of the Remedy of Divestiture in Non-Merger Cases: A South

African Perspective by Phumudzo S Munyai ... 42.84

CONSTITUTIONAL LAW

A Critical Appraisal of Dismissals at the Behest of a Third Party: The

Impact of the Constitutional Labour Rights by Tumo Charles Maloka ... 42.105 Old Habits Die Hard ‒ The South African Revenue Service’s Inability to

April 2020) by Carika Fritz ... 42.436 Separation of Powers; Checks and Balances and Judicial Exercise of

Self-Restraint: An Analysis of Case Law by Magabe T Thabo and

Kola O Odeku ... 42.547 Some Clarity on the Accrual of Living Annuities at Death or Divorce CM v

SA 49 (SCA) (5 May 2020) by Eben Nel ... 42.421 Suitability of the Remedy of Divestiture in Non-Merger Cases: A South

African Perspective by Phumudzo S Munyai ... 42.84 The Constitutional Role of the Judiciary in cases of Sexual GBV: An

by Glancina Mokone ... 42.406 The “Revolving Door” of the Customary Marriages’ Validity Requirement

in Action ‒ Mbungela v Mkabi [2019] ZASCA 134 by Mpho Paulus

Bapela and Phillip Lesetja Monyamane... 42.186

CONSUMER PROTECTION LAW

CONTRACT

Surrogacy Agreements and the Rights of Children in Nigeria and South

Africa by Olusegun Olaitan Oluwaseyi and Olatawura Oladimeji ... 42.20 The Juristic Nature of iLobolo Agreements in Modern South Africa by

Siyabonga Sibisi ... 42.57

(11)

When is a Donor a Daddy? Informal Agreements with Known Sperm

CRIMINAL LAW

Commissions of Inquiry as a Response to Crisis: The Role of the Jali Commission in Creating Public Awareness of Corruption (Part 2) by

Stephen Allister Peté ... 42.246 Combating Harassment Under the Protection from Harassment Act 17 of

Mota Makore ... 42.269 Mistaken Identity of the Victim in Criminal Law by Shannon Hoctor ... 42.676 The Constitutional Role of the Judiciary in cases of Sexual GBV: An

by Glancina Mokone ... 42.406 Voluntary Withdrawal in the Context of Attempt – A Defence? by

Shannon Hoctor ... 42.148

CRIMINAL PROCEDURE

Fareed Moosa ... 42.394 Warrantless Searches and Awards for Damages in Light of the Judgment

Cole van der Linde ... 42.720

CUSTOMARY LAW

The Juristic Nature of iLobolo Agreements in Modern South Africa by

Siyabonga Sibisi ... 42.57 The “Revolving Door” of the Customary Marriages’ Validity Requirement

ENVIRONMENTAL LAW

The Efficacy of Section 2(4)(l) of the National Environmental Management Act in the Context of Cooperative Environmental

Governance by Bramley Jemain Lemine ... 42.162 Value Added Tax in the Digital Economy: A Fresh Look at the South

African Dispensation by Ruddy Kabwe and SP van Zyl ... 42.499

FAMILY LAW

Part 2 by Razaana Denson ... 42.352 An Analysis of the Right of a Muslim Child Born Out of Wedlock to Inherit

A South African Case Study by Muneer Abduroaf ... 42.126 Surrogacy Agreements and the Rights of Children in Nigeria and South

Africa by Olusegun Olaitan Oluwaseyi and Olatawura Oladimeji ... 42.20 The Juristic Nature of iLobolo Agreements in Modern South Africa by

Siyabonga Sibisi ... 42.57

(12)

The “Revolving Door” of the Customary Marriages’ Validity Requirement in Action ‒ Mbungela v Mkabi [2019] ZASCA 134 by Mpho Paulus

Bapela and Phillip Lesetja Monyamane... 42.186 When is a Donor a Daddy? Informal Agreements with Known Sperm

Curlewis ... 42.431

FOREIGN LAW

Part 2 by Razaana Denson ... 42.352 A Discussion on the Issue of Costs in Relation to Derivative Proceedings

Subramanien ... 42.210 Balancing the Investor Protection with a State’s Regulatory Autonomy in

the Amended SADC FIP by Mmiselo Freedom Qumba... 42.625 Burn Victims and Skin Donations: A Legal Perspective by Magda

Slabbert and Bonnie Venter ... 42.289 Combating Harassment Under the Protection from Harassment Act 17 of

Mota Makore ... 42.269 Mistaken Identity of the Victim in Criminal Law by Shannon Hoctor ... 42.676 Protecting the Vulnerable in South Africa: Prohibition of Corporal

Punishment in the Private Sphere by Lizelle Ramaccio Calvino ... 42.580 Suitability of the Remedy of Divestiture in Non-Merger Cases: A South

by George Barrie ... 42.175 The Rule of Law in Indian Administrative Law Versus the Principle of

Radley Henrico ... 42.486 Voluntary Withdrawal in the Context of Attempt – A Defence? by

Shannon Hoctor ... 42.148 Value Added Tax in the Digital Economy: A Fresh Look at the South

African Dispensation by Ruddy Kabwe and SP van Zyl ... 42.499 When is a Donor a Daddy? Informal Agreements with Known Sperm

HEALTH CARE

Burn Victims and Skin Donations: A Legal Perspective by Magda

Slabbert and Bonnie Venter ... 42.289 When is a Donor a Daddy? Informal Agreements with Known Sperm

(13)

HUMAN RIGHTS

Part 2 by Razaana Denson ... 42.352 A Critical Appraisal of Dismissals at the Behest of a Third Party: The

Impact of the Constitutional Labour Rights by Tumo Charles Maloka ... 42.105 A Plea of Double Jeopardy by Accused Employers: Are There Limits? by

Fareed Moosa ... 42.394 An Analysis of the Right of a Muslim Child Born Out of Wedlock to Inherit

A South African Case Study by Muneer Abduroaf ... 42.126 Burn Victims and Skin Donations: A Legal Perspective by Magda

Slabbert and Bonnie Venter ... 42.289 Collective Bargaining Misjudged: The Marikana Massacre by Saul

Porsche Makama and Lesley Kwena Kubjana ... 42.39 Combating Harassment Under the Protection from Harassment Act 17 of

Mota Makore ... 42.269 Corruption in Land Administration and Governance: A Hurdle to

Gaopalelwe Mathiba ... 42.561 Dismissal Arising from Flouting Covid-19 Health and Safety Protocols ‒

Tshoose ... 42.692 Protecting the Vulnerable in South Africa: Prohibition of Corporal

Punishment in the Private Sphere by Lizelle Ramaccio Calvino ... 42.580 Surrogacy Agreements and the Rights of Children in Nigeria and South

by George Barrie ... 42.175 The Efficacy of Section 2(4)(l) of the National Environmental

Governance by Bramley Jemain Lemine ... 42.162 The Rule of Law in Indian Administrative Law Versus the Principle of

Radley Henrico ... 42.486 Warrantless Searches and Awards for Damages in Light of the Judgment

Cole van der Linde ... 42.720 YM v LB (465/09) [2010] ZASCA 106 (17 September 2010) by LG

Curlewis ... 42.431

INSOLVENCY LAW

Are Trustees of the Estates of Owners of Sectional Title Units Not Fully Covered by Section 89 of the Insolvency Act? by Kgosi Mokgoetsi

and Clement Marumoagae ... 42.229

(14)

INTERNATIONAL LAW

Corruption in Land Administration and Governance: A Hurdle to Transitional Justice in the Post-Apartheid South Africa? by

Gaopalelwe Mathiba ... 42.561 Protecting the Vulnerable in South Africa: Prohibition of Corporal

Punishment in the Private Sphere by Lizelle Ramaccio Calvino ... 42.580 Selected Challenges Affecting the Retroactive Transfer Pricing

and Oratile Maselwa ... 42.654 Surrogacy Agreements and the Rights of Children in Nigeria and South

Africa by Olusegun Olaitan Oluwaseyi and Olatawura Oladimeji ... 42.20 The 1982 United Nations Law of the Sea Convention: Unresolved Issues

Remain by George Barrie ... 42.529 The Constitutional Role of the Judiciary in cases of Sexual GBV: An

Governance by Bramley Jemain Lemine ... 42.162 The Rule of Law in Indian Administrative Law Versus the Principle of

Radley Henrico ... 42.486

ISLAMIC LAW

Nadvi and M Osman-Hyder ... 42.608 An Analysis of the Right of a Muslim Child Born Out of Wedlock to Inherit

A South African Case Study by Muneer Abduroaf ... 42.126

LABOUR LAW

A Critical Appraisal of Dismissals at the Behest of a Third Party: The

Impact of the Constitutional Labour Rights by Tumo Charles Maloka ... 42.105 A Plea of Double Jeopardy by Accused Employers: Are There Limits? by

Fareed Moosa ... 42.394 Breach of the Implied Duty to Preserve Mutual Trust and Confidence in

an Employment Relationship: A Case Study of Moyo v Old Mutual Limited (22791/2019) [2019] ZAGPJHC 229 (30 July 2019) by

Konanani Happy Raligilia and Kodisang Mpho Bokaba... 42.714 Collective Bargaining Misjudged: The Marikana Massacre by Saul

Porsche Makama and Lesley Kwena Kubjana ... 42.39 Dismissal Arising from Flouting Covid-19 Health and Safety Protocols ‒

Tshoose ... 42.692 The Relevance and Impact of South African Labour Law in the Mining

Sector: A Fourth Industrial Revolution Perspective by Faheemah

Karolia-Hussain and Elmarie Fourie ... 42.445

(15)

LAW OF DELICT

Barking Up the Wrong Tree ‒ The Actio De Pauperie Revisited Van Meyeren v Cloete (636/2019) [2020] ZASCA 100 (11 September

2020) by André Mukheibir ... 42.703 Warrantless Searches and Awards for Damages in Light of the Judgment

LAW OF SUCCESSION

An Analysis of the Right of a Muslim Child Born Out of Wedlock to Inherit from His or Her Deceased Parent in terms of the Law of Succession:

LAW OF THE SEA

The 1982 United Nations Law of the Sea Convention: Unresolved Issues

Remain by George Barrie ... 42.529

LEGAL INTERPRETATION

Subramanien ... 42.210 Are Trustees of the Estates of Owners of Sectional Title Units Not Fully

Covered by Section 89 of the Insolvency Act? by Kgosi Mokgoetsi

and Clement Marumoagae ... 42.229 Balancing the Investor Protection with a State’s Regulatory Autonomy in

the Amended SADC FIP by Mmiselo Freedom Qumba... 42.625 Combating Harassment Under the Protection from Harassment Act 17 of

Mota Makore ... 42.269 Mistaken Identity of the Victim in Criminal Law by Shannon Hoctor ... 42.676 Old Habits Die Hard ‒ The South African Revenue Service’s Inability to

April 2020) by Carika Fritz ... 42.436 Predatory Pricing: Single-Firm Dominance Exclusionary Abuse and

Predatory Prices (Part 3) by Jan-Louis van Tonder ... 42.470 The Constitutional Role of the Judiciary in cases of Sexual GBV: An

Governance by Bramley Jemain Lemine ... 42.162 The Relief Provided to a Complainant Under Section 163(1)(A) of the

to Peel v Hamon J&C Engineering (Pty) Ltd by Simphiwe S Bidie ... 42.595 The “Revolving Door” of the Customary Marriages’ Validity Requirement

(16)

The Rule of Law in Indian Administrative Law Versus the Principle of Legality in South African Administrative Law: Some Observations by

Radley Henrico ... 42.486 Warrantless Searches and Awards for Damages in Light of the Judgment

LLB REFORM

Methods to Use When Teaching Legal Ethics in South Africa by E

Snyman-Van Deventer ... 42.312 Motivating Large Groups of Law Students to Think Critically and Write

Like Lawyers: Part 2 by Angela Diane Crocker ... 42.1

MEDICAL LAW

A Comparative Study of Islamic and South African Law on Living and Cadaveric Organ Donations: Consensus and Divergence by SS

Nadvi and M Osman-Hyder ... 42.608 Burn Victims and Skin Donations: A Legal Perspective by Magda

Slabbert and Bonnie Venter ... 42.289 (Don’t) Hold Your Breath: The South African Covid-19 Vaccine Approval

Process and Regulatory Framework by Larisse Prinsen ... 42.685

PROPERTY LAW

Are Trustees of the Estates of Owners of Sectional Title Units Not Fully Covered by Section 89 of the Insolvency Act? by Kgosi Mokgoetsi

and Clement Marumoagae ... 42.229 Corruption in Land Administration and Governance: A Hurdle to

Gaopalelwe Mathiba ... 42.561

PUBLIC JUDICIAL COMMISSIONS

Commissions of Inquiry as a Response to Crisis: The Role of the Jali Commission in Creating Public Awareness of Corruption (Part 2) by

Stephen Allister Peté ... 42.246

PUBLIC PROCUREMENT LAW

Regulating Construction Procurement Law in South Africa – Does the New Framework for Infrastructure Delivery and Procurement

Management Undermine the Rule of Law? by Allison Anthony ... 42.136

REGIONAL LAW

Balancing the Investor Protection with a State’s Regulatory Autonomy in

the Amended SADC FIP by Mmiselo Freedom Qumba... 42.625 Protecting the Vulnerable in South Africa: Prohibition of Corporal

Punishment in the Private Sphere by Lizelle Ramaccio Calvino ... 42.580 Some Clarity on the Accrual of Living Annuities at Death or Divorce CM v

SA 49 (SCA) (5 May 2020) by Eben Nel ... 42.421

(17)

TAX LAW

Fareed Moosa ... 42.394 Old Habits Die Hard ‒ The South African Revenue Service’s Inability to

April 2020) by Carika Fritz ... 42.436 Selected Challenges Affecting the Retroactive Transfer Pricing

and Oratile Maselwa ... 42.654 Value Added Tax in the Digital Economy: A Fresh Look at the South

TRADE LAW

Selected Challenges Affecting the Retroactive Transfer Pricing Adjustments of Imported Goods in South Africa by Howard Chitimira

and Oratile Maselwa ... 42.654 Value Added Tax in the Digital Economy: A Fresh Look at the South

WILLS

An Analysis of the Right of a Muslim Child Born Out of Wedlock to Inherit from His or Her Deceased Parent in terms of the Law of Succession: