Vol 37, Number 2 (2023)

CURRENT ISSUE

Vol 37, Number 2 (2023)

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

ISSN 2523-2177

VOLUME 37 Issue 2

Speculum Juris Law Journal | Vol 37, Number 2 (2023)

Articles

The Nature and Scope of Private Participation in the Performance of State Functions in South Africa, and its Potential to Infringe Individual Fundamental Rights: Recent Developments – by Gerrit Ferreira and Anel Ferreira-Snyman (27 pages @ 211-237)
PDF

A Comparative Analysis of the Criminalisation of Cartel Conduct in South Africa – by Simbarashe Tavuyanago (22 pages @ 238-259)
PDF


A South African Perspective on the Independence of the Judiciary in the Promotion of Human Rights for the Advancement of the “Rule of Law” in Africa (Part One) – by Nomthandazo Ntlama-Makhanya (13 pages @ 260-272)
PDF

Broad-Based Black Economic Empowerment: Transformation of the Ownership Structure of Law Firms – by Jeannine van de Rheede (16 pages @ 273-288)
PDF

The Bill of Rights and State Liability for Medical Negligence: A Case for Judicial Development of the Common Law (Part 2) – by Bernard Wessels and Georgia Speechly (19 pages @ 289-307)
PDF

A Case for Specialised Insolvency and Business Rescue Courts in South Africa – by Kudzai Mpofu and Hermanus J Moolman (16 pages @ 308-323)
PDF

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 2) - by Chuks Okpaluba and TC Maloka (19 pages @ 324-342)
PDF

An Examination of the Link Between Economic Development and the Enforcement of Socio-economic Rights in Nigeria – by Katlego Arnold Mashego (17 pages @ 343-359)
PDF

Using Discipline as a Method of Retribution and Deterrence of Unethical Behaviour of Legal Practitioners in Namibia: How Does it Compare with Ghana? - by Marvin Awarab (18 pages @ 360-377)
PDF

Post-Appeal Measures to Address Wrongful Convictions/ Miscarriages of Justice in the Republic of Ireland – by Jamil Ddamulira Mujuzi (19 pages @ 378-396)
PDF

Notes and Comments

The Supreme Court of Appeal Limits the Deduction of Expenditure Incurred in the Production of the Income: The Commissioner for the South African Revenue Service v Spur Group (Pty) Ltd [2021] ZASCA 145 – by Thabo Legwaila (13 pages @ 397-409)
PDF

An Assessment of Some Sticky Issues in the Regulation of Schemes of Arrangement through the Lense of Sand Grove Opportunities Master Fund Ltd and Others v Distell Group Holdings Ltd and Others [2022] 2 All SA 855 (WCC) – by Justice Mudzamiri (17 pages @ 410-426)
PDF

Protesting Is Not a Right Reserved for the Rich: A Commentary on The Right to Know Campaign and Others v City Manager of Johannesburg Metropolitan Municipality and Another (49197/2021) [2022] ZAGPJHC 388 (10 June 2022) – by Fanelesibonge Mabaso (11 pages @ 427-437)
PDF

Speculum Juris Journal

ISSUES

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.

News

RESOLUTION ON THE RENEWAL OF THE MANDATE OF THE WORKING GROUP ON THE DEATH PENALTY, EXTRAJUDICIAL, SUMMARY OR ARBITRARY EXECUTIONS AND ENFORCED DISAPPEARANCES IN AFRICA - ACHPR/Res.608 (LXXXI) 2024
News , 07 Jan 25

The African Commission on Human and Peoples’ Rights (the Commission), meeting in its 81st Ordinary Session, held in Banjul, The Gambia, from 17

Dr Sisa Ngebulana, UFH Law Alumnus and Business Mogul, to deliver keynote at Faculty’s first-ever CEO’s Platinum Breakfast with Students
News , 16 Oct 24

This Friday, 18 October 2024, the University of Fort Hare's (UFH) Faculty of Law is set to host its inaugural CEO’s Platinum Breakfast with Student

UFH future legal eagles keep soaring after lifting the runner-up trophy of the 13th Annual Child Law Moot Court Competition
News , 01 Oct 24

University of Fort Hare (UFH) final-year law students Ntlantla Valtein and Lerato Mmakgabo-Nkadimeng are de

Opinion | Many positives would flow from the revival of rail transport
Opinion , 05 Sep 24

For many people of the Eastern Cape, the minibus taxi industry has long filled the gap in their transportation needs by providing flexibility and a

UFH AND THE DEPARTMENT OF JUSTICE HOSTED A THOUGHT-PROVOKING STUDENT LECTURE IN COMMEMORATION OF NELSON MANDELA MONTH
News , 25 Jul 24

"We have the best constitution in the country, ushered in by the iconic Nelson Mandela.

UFH LAW GRADUATE WHO EXUDES EXCELLENCE CLINCHES THREE AWARDS FROM NPA
News , 19 Jul 24

Five years ago, as part of the final year of her LLB studies at the University of Fort Hare (UFH), Sinovuyo Sotomela assumed the role of a Prosecut

Events