Speculum Juris Volume 38 Issue 2

Speculum Juris

Vol 38, Number 2 (2024)

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 38, Number 2 (2024)

Articles 

“Civil Liability for Delicts Caused by Emerging Digital Technology: A Suggestion to South Africa” – by Jacqui Meyer @ 296-335
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“The State of Psychiatric Health Care in South Africa 30 Years into Democracy” – by Hoitsimolimo Mutlokwa @ 336-355
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“The Conceptualisation of an Essential Facility: A Comparative Analysis of the Positions in South Africa and the European Union” – by Ndivhuwo Ishmel Moleya and Tapiwa Shumba @ 356-383
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“The Presentation of Witness Testimony in Civil Matters – Time for a New Approach (Part 1) – by Thino Bekker @ 384-405
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Creating a Corporate Governance Expectation Gap – by Werner Schoeman @ 406-418
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The Cybercrimes Act 19 of 2020, section 7 versus Civil Proceedings – by Nombulelo Queen Mabeka @ 419-436
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The ‘Silent War’ of the COVID-19 Pandemic on the Realisation of the Right to Quality Education in South Africa – by Siyabulela Christoper Fobosi and Nomthandazo Ntlama-Makhanya @ 437-451
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Rethinking Women’s Roles in Pastoral Governance: Empowering Women to Mitigate Pastoralism-Related Conflicts in Nigeria – by Jane Ezirigwe @ 452-469
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Notes and Comments

“Kukithi La” (“This is Our Home”): An Interplay Between Common Law and Customary Law in “Family House” Disputes in Shomang v Motsose N.O. and Others 2022 (5) SA 602 (GP) – by Maphuti Tuba and Refilwe Makaleng @ 470-483
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“Cession and the Application of the Consumer Protection Act 2008: A Discussion of the South African Securitisation Programme (RF) Ltd v Jaglal-Govindpershad and South African Securitisation Programme (RF) Ltd v Lucic Cases” - by AM Tait 484–496
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“The Concept of Public Trusteeship and the Water-Energy-Food-Climate (WEFC) Nexus in Discretionary Decision-Making: Insights from Thungela Operations v Department of Water and Sanitation (Water Tribunal, 26 April 2023)” by Germarie Viljoen @ 497–513
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“Determining the “Proper” Application and Scope of Section 45 of the Companies Act through the Lenses of Trevo Capital Ltd v Steinhoff International Holdings (Pty) Ltd [2021] 4 All SA 573 (WCC) - by Justice Mudzamiri and Arthur van Coller @ 514–527
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“Premeditated Murder and Private Defence: From Life Imprisonment to Acquittal: Khan v S (A89/2023) [2024] ZAGPPHC (15 February 2024)” – by Jolandi LeRoux-Bouwer @ 528-537
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“Telling the Untold in Rape: Khamphepe J’s Separate Judgment in Tshabalala v S; Ntuli v S” - by Pamela Nyawo @ 538–549
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“A Discussion of the Power to Impose “Provisional Measures” During a Trade Remedy Investigation in South Africa: Association of South Africa v the International Trade Administration Commission Case Number: 2022/010681” - by Clive Vinti @ 550–563
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A Comment on the White Paper on Citizenship, Immigration and Refugee Protection, the Constitution and International Law – by Gabriella La Foy @ 564-572
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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.