Speculum Juris 39 Issue 1

Speculum Juris Volume 39, Number 1 (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 1 (2025)

 Articles

Deepfakes Artificial Intelligence Generated Synthetic Media: Mapping the Revenge pornography in the South African Context” – by Sebo Tladi and Mpakwana Mthembu @ 1-21
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The Role of Social Welfare Policies in Advancing Socio-Economic Wellbeing and Human Rights Realisation in South Africa” – by Grace Mbajiorgu and Mashele Rapatsa @ 22-41
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The Water Goal: Interpreting and Linking Sustainable Development and Equity to Allow for the Realisation of Un Sustainable Development Goal 6” – by Muhammad Sameer Kasker @ 42-57
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Ghana’s Domestic Workers Regulations of 2020: A Critical Appraisal” – by Theophilus Edwin Coleman @ 58-80
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Financial Hardship as a Ground of Urgency and Foundation for Exceptional Circumstances in Applications for Interim Relief: A Review of Court Decisions” - by Vuyo Peach @ 81-97
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Potential Challenges Associated with Enforcing Cross-border Business Rescue Plans in the SADC Region” – by Kudzai Mpofu @ 98-115
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The Management Structures of Enterprises in the Southern African Financial Sector” – by Jeannine van de Rheede @ 116-139
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Deconstructing the Legal Framework Governing Derivatives Markets in Zimbabwe” – by Tariro D. Shumba and Friedrich Hamadziripi @ 140-161
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Social Crime Prevention: Why it Should be a Complementary Approach for the South African Police” – by Chesné Albertus and Tasné Marshall @ 162-184
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An Analysis of the Use of Chat GPT as an Unreliable Source for Legal Research by Legal Practitioners in South Africa” – by Patrick Mogale @ 185-194
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Strengthening the Right to Private Prosecution as an Anti-Corruption Tool in Uganda: Lessons from other Commonwealth Jurisdictions” – by Daniel M Walyemera @ 195-212
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Directors and AI-Assisted Decision-Making: Assessing AI’s Potential Interaction with Corporate Decision-Making Regulation Regarding Delegation, Reliance, and the Business Judgment Rule” - by Angella Ruth Nyasulu and Etienne Olivier @ 213-226
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Notes and Comments

Embracing Living Customary Law: Rethinking the Teaching of African Customary Law: The case of Mgenge v Mokoena” – by Martha Keneilwe Radebe @ 227-240
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Mandatory Public Participation Before the Granting of Mining Rights: An Analysis of the Judgment in Minister of Mineral Resources and Energy and Others Sustaining the Wild Coast NPC and Others [2024] ZASCA 84” – by Moses Retselisitsoe Phooko @ 241-252
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A Civil Claim Against a General Practitioner by a Child Born with Disabilities as a Result of Preconception Negligence” – by Magda Slabbert and Melodie Labuschaigne 253-261
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National Symbols, Freedom of Expression and Hate Speech: A Legal Analysis of Afriforum NPC v Nelson Mandela Foundation Trust” – by Taboko Isaac Molaba and Mpho Paulos Bapela @ 262-276
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Speculum Juris Journal

Previous 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.