De Jure Law Journal
The Open Access Online Law Journal published by the University of Pretoria
Please note that, to provide Open-Access, De Jure Law Journal uses a business model to offset expenses and is therefore compelled to charge page fees for all articles that have been accepted for publication. The editor will furnish the author with an invoice once the peer-review process has been completed and the article has been accepted for publication.
Welcome to De Jure Law Journal
- ISSN: 1466 3597
- E-ISSN: 2225 7160
Free and unrestricted access to quality legal articles
De Jure Law Journal is a general law journal, accredited by the Department of Higher Education & Training
It publishes original research concerned with the development and dissemination of cutting-edge legal research, both national and international. The scope of the journal is wide and supports legal academics, practitioners and scholars.
De Jure Law Journal is currently making a call for papers from legal academics, practitioners and scholars within a broad legal spectrum.
Open Access Policy
The De Jure Law Journal is an Open Access Journal and provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. In accordance with the definition of the Budapest Open Access Initiative all content published by the De Jure Law Journal is made free to users without any registration, subscription or other charges. Users are permitted to read, download, copy, distribute, print, search, or link to the full text of these articles, or use them for any other lawful, non-commercial purpose, without asking prior permission from the publisher or the author.
Call for Papers
De Jure Law Journal has moved to a continuous publication model as from January 2019. This means that as soon as an article is ready to be published, it will be released online immediately, rather than waiting for other articles in the issue to be completed, resulting in faster access to the final version of the article. This is a practice endorsed by reputable Journals both locally and internationally. The aim of continuous publication is to ensure that authors’ work is published with efficiency and speed without compromising on quality. Social media activity can be at the article-level. Articles are published as and when they are ready, so tweets can occur as frequently as articles are published rather than waiting on the issue publication.
Authors are encouraged to submit their contributions online.
Latest Edition: Volume 52 2019
Cancer employees and the right to fair labour practices in terms of the Labour Relations Act 66 of 1995
Charles Maimela
Race, history, irresolution: Reflections on City of Tshwane Metropolitan Municipality v Afriforum and the limits of “post”-apartheid constitutionalism
Joel M Modiri
Opening Pandora’s box: a legal analysis of the right to food in South Africa
Bright Nkrumah
A critique of the Swazi Constitutional rules on succession to kingship
Hoolo ‘Nyane
Impact of global food and agriculture laws on Africa’s food security
Tigist Gebrehiwot, Steve Cornelius & Lise Korsten
The need to provide members of retirement funds which are not regulated by the Pension Funds Act access to a specialised dispute resolution forum
Clement Marumoagae
Traditional “juju oath” and human trafficking in Nigeria: A human rights perspective
Norah Hashim Msuya
A critical analysis of article 16 of the UN refugee convention in relation to victims of sexual violence in refugee camps in Africa
Geert Philip Stevens & Oghenerioborue Esther Eberechi
Rethinking the interface between customary law and constitutionalism in sub-Saharan Africa
Anthony C Diala & Bethsheba Kangwa
“Dumping” and the Competition Act of South Africa
Clive Vinti
Dividends in specie: the granting of services or the right of use of assets
Michael Kok & Rudie Nel
Is it a competent child’s prerogative to refuse medical treatment?
Mariana Buchner-Eveleigh
A constitutional analysis of an Islamic will within the South African context
Muneer Abduroaf
Payday: Business as usual or a new dawn rising for persons with disabilities in the workplace
Ilze Grobbelaar-du Plessis & Jehoshaphat John Njau
The analysis of child marriage and third-party consent in the case of Rebeca Z. Gyumi v Attorney General Miscellaneous Civil Case no 5 of 2016 Tanzania High Court at Dar es Salaam
Norah Hashim Msuya
Children seeking justice: safeguarding the rights of child offenders in South African criminal courts
Rushiella Songca
Legal capacity of and access to justice for refugees with disabilities in Africa
Michael Addaney, Ngozi Chuma Umeh & Chantelle Gloria Moyo
South Africa’s move away from international investor-state dispute: a breakthrough or bad omen for investment in the developing world?
Mmiselo Freedom Qumba
“Affirmative” (measures in) action? Revising the lawfulness of racial quotas (in South African (professional) team sports)
Andre M Louw
The revival of the SADC Tribunal by South African courts: A contextual analysis of the decision of the Constitutional Court of South Africa
Moses Retselisitsoe Phooko & Mkhululi Nyathi
Making the case for mental health expertise in crimen iniuria cases: An issue awakened by the Vicki Momberg sentence
Emma Charlene Lubaale
Ignore this heading. It will not influence your interpretation of this article ... or will it?
Michele van Eck
Autonomy in organ donations v family consent: a South African legislative context
Magda Slabbert & Bonnie Venter
The auditor’s liability for audited financial statements
Steven R Firer
SPECIAL ISSUE
CENTRE FOR CHILD LAW “Imagining children constitutionally: 20 years of strategic litigation and advocacy”
Foreword
Karabo Ozah
Keynote address
Justice Sisi Khampepe
Opening
Imagining children constitutionally-strategic litigation and advocacy for children’s rights in South Africa
Sarisa van Niekerk
Articles
Children’s rights jurisprudence in South Africa – a 20 year retrospective
Julia Sloth-Nielsen
Legal implementation of the UNCRC – lessons to be learned from the constitutional experience of South Africa
Ursula Kilkelly & Ton Liefaard
The legal battle for the universal access to primary education in Swaziland
Serges Djoyou Kamga
Too much of a good thing? Best interests of the child in South African jurisprudence
Ann Skelton
Discrimination in education of children in central and eastern Europe in the Jurisprudence of the European Court on Human Rights
Velina Todorova
Using the courts to end corporal punishment – the international score card
Sonia Vohito
Closing
Children as social justice activists
Tracey Malawana
Volumes
The following volumes are available on this open access website:
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Volume 52 2019
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51 Volume 2 2018
The contributions appearing in the second issue of De Jure Law Journal for 2018 span a wide variety of thematic areas and approaches, reflecting the richness of the South African legal landscape. Some of the contributions focus on procedural aspects of the law; others on more substantive issues. Read More -
51 Volume 1 2018
“[The law] is a jealous mistress, and requires a long and constant courtship. It is not to be won by favors, but by lavish homage”(Joseph Story 1779-1845
The editorial board of De Jure Law Journal has pleasure in presenting the first volume of 2018. Read More -
50 Volume 2 2017
With another year coming to a halt, De Jure Law Journal has pleasure in presenting the second volume of 2017. The contributors have once again paved the way for interesting discussions on a wide variety of topics. Interesting discussions are provided pertaining to the importance of the conservation of birds within the context of environmental law; Read More -
50 Volume 1 2017
“And as imagination bodies forth, The forms of things unknown, the poet’s pen, Turns them to shapes and gives to airy nothing,
A local habitation and a name”
(William Shakespeare from A Midsummer Night’s Dream) Read More -
49 Volume 2 2016
“You don’t write because you want to say something, you write because you have something to say”(F. Scott Fitzgerald)
With the wise words of Fitzgerald in mind, the editorial board of De Jure Law Journal has pleasure in presenting the second volume of 2016. Read More -
49 Volume 1 2016
“And as imagination bodies forth The forms of things unknown, the poet’s pen Turns them to shapes and gives to airy nothing
A local habitation and a name” (William Shakespeare from A Midsummer Night’s Dream) Read More -
48 Volume 2 2015
This volume contains valuable contributions by a variety of academics on a wide variety of topics. This issue contains discussions pertaining to customary marriages, the conservation status of the Wedge-tailed eagle and the conservation of species; aspects relating to unjustified enrichment law and trade mark law to mention but a few. Read More -
48 Volume 1 2015
“The measure of greatness in a scientific idea is the extent to which it stimulates thought and opens up new lines of research” (Paul Dirac).
With the wise words of Paul Dirac in mind, the editorial board of De Jure Law Journal has pleasure in presenting the first volume of 2015. Read More -
47 Volume 2 2014
“The time will come when diligent research over long periods will bring to light things which now lie hidden. A single lifetime, even though entirely devoted to the sky, would not be enough for the investigation of so vast a subject ... And so this knowledge will be unfolded only through long successive ages. Read More -
47 Volume 1 2014
Welcome to the first issue of De Jure Law Journal, 2014. You will notice that the De Jure Law Journal has a new editor and editorial assistant in the person of myself and Mr Robert Steenkamp respectively. In resuming the role as editor after a three year hiatus during which Professor Steve Cornelius assumed the responsibility... Read More -
46 Volume 4 2013
Nelson Mandela had a profound impact on the Faculty of Law of the University of Pretoria, directly and indirectly; on us as a Faculty and on the world in which we operate. In 1997 the University awarded him a doctorate in law. He used the opportunity to reach out both in Afrikaans and in English, with pathos, humility, wisdom and humour. Read More -
46 Volume 3 2013
Our world is one of increasing simplicity when it comes to creating and representing information in a tangible form. Think of the applications for your smart phone or tablet computer that allow you to communicate with others through a picture alone, or by simply updating a status or sending a short information burst into the universe containing no more than 140 characters. Read More -
46 Volume 2 2013
We live in a world which is becoming more and more complex. Modern technology continues to pose new questions to the law, while lawyers and governments are slow to adapt to the new challenges. This, of course, creates vast new fields of research and opens up more traditional fields to new analysis and interpretation. Read More -
46 Volume 1 2013
The quality of education has been the focus of much that has been written and spoken about the South African public school system over the past number of years. Commentators regularly express their concerns about deficiencies in the system, ranging from poor teaching, high drop-out rates and ineffective management. Read More -
45 Volume 3 2012
In the recent judgement of Print Media South Africa v Minister of Home Affairs 2012 6 SA 443 (CC) the Constitutional Court had to decide on a difficult question of the constitutionality of certain provisions in the Films and Publications Act 65 of 1996 (the Act), which were inserted by the Films and Publications Amendment Act 3 of 2009. Read More -
45 Volume 2 2012
“It is what you read when you don’t have to that determines what you will be when you can’t help it.” - Oscar Wilde It is with this in mind that the De Jure Law Journal editorial board is proud to present the second volume for 2012. Over the past two years we have witnessed the awe inspiring power of the revolutionary use of information trough social networking. Read More -
45 Volume 1 2012
Die huidige LLB-leergang kom in hierdie uitgawe onder die loep en die vraag is of dit voldoen aan die verwagtinge van studente en hulle toerus om tot die regspraktyk toe te tree. Die vraag is voorts, tot watter mate kan die leergang ook aangepas word om voorsiening te maak vir ware gemeenskapsgebaseerde onderrig. Read More -
44 Volume 2 2011
The De Jure Law Journal editorial board has the pleasure of presenting the second volume of 2011. This volume joins the first on the journal’s open access website which is set to be a true asset to legal research. With its effective search function and well organised layout, the website embodies the essence of the open access environment. Read More -
44 Volume 1 2011
Hierdie is ’n geskiedkundige uitgawe van De Jure Law Journal- om verskeie redes. Eerstens is dit die eerste uitgawe wat deur die Fakulteit Regsgeleerdheid se eie uitgewers, PULP, uitgegee word. LexisNexis, of Butterworths, soos hulle vroeër bekendgestaan het, het oor baie jare ’n lang pad saam met die Fakulteit geloop ... Read More
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About De Jure Law Journal
De Jure Law Journal was published for the first time in 1968 as Scintilla Juris and has been systematically built up from its humble beginnings by dedicated academics in the Faculty of Law.
A vast array of articles, notes and case reviews covering the full spectrum of legal fields have appeared in De Jure Law Journal. In this way, De Jure Law Journal has made a significant contribution to the development of legal science in South Africa. Contributions published in the journal have frequently been cited, both by academics and in the courts.
The journal accepts articles, notes, case discussions and book reviews in both English and Afrikaans. Contributions in any of the other official languages in South Africa will also be considered, as will contributions in Dutch or Flemish. All contributions are subjected to blind peer review to ensure that every contribution that is published reflects quality research and makes a real contribution to the current discourse in law. Furthermore, the editorial team encourages young researchers to submit contributions as it is an objective of the journal to promote capacity building within legal research.
De Jure Law Journal was originally a subscription based, hard copy, journal. From 2009 LexisNexis, the former publishers, have made a pdf version of the journal available to all subscribers on My LexisNexis. Since 2011 the Pretoria University Law Press has made a pdf version of the journal available on open access. It is hoped that De Jure will be able to make use of technology to increase the readership and the impact factor of the journal.
To date De Jure Law Journal has played in the development of the law of South Africa. Every effort will be made to ensure that it remains a flagship of the Faculty of Law, University of Prertoria and of legal science in South Africa.
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Print on Demand / Druk op Aanvraag
De Jure Law Journal is also available in hard copy format. Please contact the Pretoria University Law Press (PULP) by sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it. to order your copy(ies) at R268.00 per copy. (Excluding postage)
De Jure is ook beskikbaar in harde kopie formaat. Kontak assbelief die Pretoria Universiteitsregspers (PULP) deur 'n e-pos te stuur aan This email address is being protected from spambots. You need JavaScript enabled to view it. om u kopie(e) te bestel teen R268.00 per eksemplaar. (Posgeld uitgesluit)
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Open Access / Oop Toegang
The latest edition of De Jure Law Journal is now available as an open access online journal. All the articles, case law and book announcements are fully searchable (HTML) and downloadable in PDF format. Free of charge.
Die nuutste uitgawe van De Jure Law Journal is nou beskikbaar as 'n oop toegang aanlyn-joernaal. Al die artikels, onlangse regspraak en boekaankondigings is ten volle soekbaar terwyl dit ook aflaaibaar is in PDF formaat. Heeltemal gratis.
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Editor of De Jure Law Journal
Dr CA Maimela
Senior Lecturer
Department of Private law
Faculty of Law
Law Building
University of Pretoria
0002 Pretoria
Suid-Afrika / South Africa
Tel: +27 12 420 2392
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
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