Speculum Juris 39 Issue 2

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Speculum Juris Volume 39, Number 2 (2025)

Speculum Juris Law Journal 

SPECULUM JURIS LAW JOURNAL

Speculum Juris is an open access journal of law published by the Faculty of Law of the University of Fort Hare. The journal publishes a range of well-written, original scholarly works covering a wide range of legal issues of contemporary relevance. 

The journal is accredited by the National Department of Higher Education and Training. All articles submitted for publication are subject to anonymous peer review by experts in the relevant fields.

The articles published in the journal do not necessarily reflect the opinion of the editors or of the School of Law.

 

Prof Patrick Osode

Prof Patrick Osode

Managing Editor | Speculum Juris Law Journal

Speculum Juris Law Journal | Vol 39, Number 2 (2025)

 Editorial

“Africa’s Regional Integration Agenda: An introduction” – by Retselisitsoe Phooko @ 277–280
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 Articles

“The Development of a Uniform Cross-Border Insolvency Law in SADC: Drawing from the OHADA Experience Regional Legal Practice under the GATS: A SADC Perspective” – by Andre Boraine and Ngaundje Doris Leno @ 281–301
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“The Missing Piece of the Puzzle: The Indispensable Role of Freer Movement of Persons in Implementing the AfCFTA” - by Adetutu Oluwaseyi and Victor T Amadi @ 302–324
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“Re-calibrating Private Parties’ Access to Trade Dispute Resolution under the SADC and AfCFTA Regimes” - by David Kanyenda @ 325–341
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“Regional Legal Practice under the GATS: A SADC Perspective” by Yolanda N Mambure, Lonias Ndlovu and Tharien van der Walt @ 342–361
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“Aligning SADC and Continental Strategies: to what Extent Does Violence against Women in South Africa Constitute an eEent seriously Disturbing Public Order?” - by Shunelle de Beer and Kim-Leigh Loedolf @ 362–378
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“Critical Analysis of the Capacity of SADC in Addressing Vulnerability to Climate Change: Prospects and Challenges on Climate Risk Management Strategies under Africa Agenda 2063” - by Patrick Pikisayi Maweto and Ademola Oluborode Jegede @ 379–398
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“Another Missed Opportunity of Using International Law as an Interpretative Aid of Domestic Law in Botswana” - by Moses Retselisitsoe Phooko and Nokuzola Pangwa @ 390–402
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“Examining the Domestication and Implementation of the African Union Convention on Prevention and Combating Corruption: Comparative Synopsis on the DRC and Botswana” - by Anzanilufuno Munyai @ 403–416
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“The Role of the Principle of Free, Prior and Informed Consent in Fostering Development through Participatory Democracy” - by Naledzani Mukwevho @ 417–436
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Speculum Juris Journal

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Speculum Juris Law Journal

Editorial Board

Professor Mzukisi Njotini
Chairperson

Based at the Alice Campus,Prof Mzukisi Njotini is the Dean: Faculty of Law at the University of Fort Hare (University

Prof Patrick Osode
Managing Editor

 Patrick C. Osode is a Professor of Mercantile Law at the University of Fort Hare.

Prof Arthur Van Coller
Associate Editor

Prof Arthur van Coller studied law at the University of Johannesburg and at the University of Pretoria.

Adv Sibulelo Seti
Associate Editor

Research Interests: Maritime / Shipping Law; Aviation Law; Space Law; Commercial law; Dispute Resolu

Professor Nomthandazo Ntlama-Makhanya
Member

Prof Nomthandazo Ntlama-Makhanya has been appointed as Chairperson of Netball South Africa's (NSA) Disciplinary Commi

Professor Enyinna Sodienye Nwauche
Member

Enyinna Sodienye Nwauche is a professor of law at the Nelson Mandela School of Law, University of Fort Hare, East Lon

Dr Tapiwa Shumba
Associate Editor

Tapiwa Shumba specialises in international business transactions, economics and policy; legal research; and law in ge

Adv Shandukani Muthugulu-Ugoda
Associate Editor

Adv Shandukani Muthugulu-Ugoda holds the LLB (Univen) and LLM (Univen) degrees.

ADVISORY BOARD
Speculum Juris Law Journal
ISSN 2523-2177

Hon Mr. Justice D Moseneke
Professor W T Twining
Hon Mr. Justice C M Plasket
Professor G Devenish
Professor S Liebenberg
Hon Justice Dr. W. Mutunga
Professor E Knoetze
Professor JR Midgley
Professor B.J Holden-Smith
Professor T Monsoor

Speculum Juris Law Journal

EDITORIAL POLICIES

Peer-review Policy

The journal employs a strict double-blind peer review process in which the reviewers’ names are withheld from the author and, the author’s name from the reviewers. The reviewer may, however, elect to reveal their name to the author in their review.

Authorship

 All parties who have made a substantive contribution to the article or other submission should be listed as authors. Main authorship, authorship order and other publication credits should be based on the relative professional contributions of the individuals concerned. 

Acknowledgments

All individuals who have contributed to the article or made other contribution but do not meet the criteria for authorship should be duly acknowledged.

 

Declaration of conflicting interests

 By submitting articles and other papers, all authors warrant that they are submitting their own original work, that they have the rights in the work, that they are submitting the work for first publication in the journal and that their work is not being considered for publication elsewhere and/or has not already been published elsewhere, and that they have secured and are able to provide all the necessary permissions for the reproduction of any copyright works not owned by them.