Speculum Juris Volume 37 Issue 1

Speculum Juris Journal

Vol 37, Number 1

ISSN 2523-2177

 

Speculum Juris Law Journal | Vol 37, Number 1 (2023)

 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)

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“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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Prof Patrick Osode

Prof Patrick Osode

Managing Editor | Speculum Juris Law Journal

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.

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