Articles
The Bill of Rights and State Liability for Medical Negligence: A Case for Judicial Development of the Common Law (Part 1) – by Bernard Wessels and Georgia Speechly (21 pages @ 1-21)
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The Constitutionalisation of Contract Law in Light of the Public and Private Dichotomy in South Africa: An Analysis of Selected Cases – by Yeukai Mupangavanhu (14 pages @ 22-35)
“Foreseeable”: Conceptualised in the Duty of Care, Skill, and Diligence? – by Simphiwe S. Bidie (22 pages @ 36-57)
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Dispute Resolution Does Not Need to Be a Battle: The Case for Mediation as Transformative Dispute Resolution Mechanism – by EC Muller and CF Swanepoel (15 pages @ 58-72)
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Meaningful Engagement or Mediation or Structural Interdict? An Appropriate Remedy to Resolve Disputes under ESTA – by Lerato Ngwenyama (12 pages @73-84)
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Intolerability of the Employment Relationship in the Context of Constructive Dismissal: An Analysis of Recent Judgments from South Africa, Namibia, Lesotho and Eswatini/Swaziland (Part 1) - by Chuks Okpaluba and Tumo Maloka (19 pages @ 85-103)
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Should Vicarious Liability be Extended to the Minister of Police in the Circumstances of Unlawful Arrest by a Private Person? – by Raymond Msaule (14 pages @ 104-117)
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Rescission of Judgments by Consent – Recent Developments and Lessons from England and Wales – by T Bekker (14 pages @ 118-131)
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An Overview Analysis of the Challenges Posed by the COVID-19 Pandemic on Shareholder Activism in South Africa - by Howard Chitimira, Phemelo Magau and Keamogetse Motlogeloa (14 pages @ 132-145)
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The Potential Role of the International Lex Mercatoria in Assisting Individuals and Business Entities to Navigate the African Continental Free Trade Agreement – by Paul S. Masumbe (13 pages @ 146-158)
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Notes and Comments
Lung Transplants in South Africa: Why not a Prescribed Minimum Benefit? – by M Slabbert and M Labuschaigne (8 pages @ 159-166)
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Teitiota v New Zealand: The Legal Position of Climate Change Refugees in the International Community – by Halalisani Xulu and Tawanda Gonzi (8 pages @ 167-174)
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Unsettling the ‘Reserves’: A Consideration of Rule 46A (9) of the Uniform Rules of Court and the Setting of Sale in Execution Court-Set Reserve Prices: Changing Tides 17 (Proprietary) Limited N.O. v Kubheka and Others 2022 5 SA 168 (GJ); and Standard Bank of South Africa Limited v Tchibamba 2022 6 SA 571 (WCC) – by Ciresh Singh (8 pages @ 175-187)
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The Common Purpose Doctrine and Dolus Eventualis Incorrectly Applied (Again): Mawela v S (377/2021) [2022] ZASC 18 (16 February 2022) – by Jolandi LeRoux-Bouwer (8 pages @ 188-195)
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Rethinking the Effect of Liquidation on Contract of Employment under Corpus Juris Nigeriana: Interrogating the Supreme Court Decision in Gbedu v Itie – by David Tarh-Akong Eyongndi and Brakemi Christable G Ebiye (15 pages @ 196- 210)
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