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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.

 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.

 

uplogoOpen 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 adapt, share, read, download, copy, distribute, redistribute, print, search, or link to the full text of these articles, or use them for any other lawful purpose without asking prior permission from the publisher or the author. This work is licensed under a Creative Commons Attribution 4.0 International License.


Call for Papers

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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 56 2023

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Articles

An analysis s 5A of the Divorce Act 70 of 1979 and its application to marriages concluded in terms of Islamic law

 Muneer Abduroaf
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Mshengu v Estate Late Mshengu 9223/2016P: Considering the ownership of house property in customary law

 Fatima Osman
 Full Text Article with Summary
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The Constitutional disqualification for unrehabilitated insolvents from being members of Parliament

 Zingapi Mabe
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The extraordinary in the ordinary: the devil is in the (sometimes unexpected) details of section 34 of the Insolvency Act 24 of 1936 and the actio Pauliana

 Alastair Smith
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The use of vicarious liability in environmental law to enhance the legal conservation status of birds of prey

 Johann C Knobel
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LH v ZH 2022 (1) SA 384 (SCA): Should section 18(a) of Matrimonial Property Act 88 of 1984 apply to all spouses in a marriage in community of property, irrespective of when the non-patrimonial damages were received?

 Kathleen Nthabiseng Monareng
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Online deceptive advertising and consumer protection in South Africa – The law and its shortcomings?

 Yeukai Mupangavanhu
 Dominique Kerchhoff
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Small companies and regulatory tiering: a legal and economic analysis of Zambia’s new regime

 Christopher Phiri
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NCA Plant Hire CC v Blackfield Group Holdings (Pty) Limited [2021] JOL 51810 (GJ): Some critical observations on the legal effect of a provisional winding-up order

 A Boraine
 WJC Swart
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Editorial: Special Edition on Rethinking Global Economies, Financial Markets, Corporate Practices & Business Activities Post-COVID-19 Pandemic

 Howard Chitimira (Guest Editor)
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An analysis of the statutory measures adopted to curb tax evasion in Nigeria after the COVID-19 pandemic

 Oyesola Animashaun
 Howard Chitimira
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Revisiting the no reflective loss principle under the South African company law regulation: A reflective assessment through the lens of Hlumisa Investment Holdings (RF) Ltd v Kirkinis 2020 3 All SA 650 (SCA)

 Justice Mudzamiri
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What amounts to “dispositions without value” in the context of section 26 of the Insolvency Act 24 of 1936?

 Motseotsile Clement Marumoagae
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An analysis of legal accountability for artificial intelligence systems in the South African financial sector

 Thupane Justice Kgoale
 Kola Odeku
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Reflecting on the corporate opportunity rule in company law through a jurisprudential review of Modise v Tladi Holdings (Pty) Ltd 2020 4 All SA 670 (SCA)

 Justice Mudzamiri
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The regulatory nexus between the promotion of financial education and financial inclusion in enhancing consumer protection in South Africa

 Phemelo Magau
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Policy implications and mobile money regulatory approaches to promote financial inclusion of the poor in Zimbabwe after the COVID-19 pandemic

 Howard Chitimira
 Elfas Torerai
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A proposal for international arbitration law in Namibia based on the UNCITRAL Model Law on International Commercial Arbitration

 Tapiwa Victor Warikandwa
 Lineekela Usebiu
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An analysis of the possibility to implement a CSI tax levy in South Africa: Lessons from Mauritius

 Margaretha J Preston
 Swaleha Peeroo
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South African courts’ differing approaches to determining children’s views in family law matters

 Alet Magdaleen Uys
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Does the treatment of arrear maintenance claims of children under the Insolvency Act 24 of 1936 constitute a violation of their constitutionally protected rights to social welfare and human dignity? An exposition

 Legodi Thutse
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The regulation of cryptocurrencies to combat money laundering crimes in South African banking institutions

 Princess Thembelihle Ncube
 Ruddy Kabwe
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Monareng v Dr JS Moroka Municipality 2022 43 ILJ 1855 (LC) – Affirmation that resignation by an employee constitutes a point of no return: or does it?

 Khodani Sengwane
 Stefan van Eck
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Effects of the eradication of the rule of male primogeniture on the customary law of succession

 Kgopotso Maunatlala
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Death benefit provisions in the Pension Funds Act 5 of 2019 of Lesotho: Contradictions or deliberate policy choices?

 Mtendeweka Mhango
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Chetty v Perumaul (AR313/2020) [2021] ZAKZPHC 66 (21 September 2021): A cautionary note on the self-inflicted injury of disastrous and careless cross-examination

 Arthur van Coller
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Big data in insurance contracts – a tool for good, or bad?

 Michele van Eck
 Samantha Huneberg
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Capital Appreciation Ltd v First National Nominees (Pty) Ltd 2022 ZASCA 85: The connection between share re-acquisitions, schemes of arrangement, and appraisal rights under the Companies Act 71 of 2008

 Vela Madlela
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Editorial- Reflections on children and law: Special Edition in honour of Emeritus Professor Trynie Boezaart

 Ann Skelton
 Karabo Ozah
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Children’s rights remedies under international human rights law: How to secure children’s rights compliant outcomes in access to justice?

 Ton Liefaard
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The Komape litigation – ensuring effective remedies

 Faranaaz Veriava
 Mila Harding
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The expanding role of the curator ad litem in protecting children’s rights in South Africa

 Zita M Hansungule-Nefale
 Morgan R Courtenay
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The calm before the storm? Child rights climate change litigation in Africa

 Benyam Dawit Mezmur
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Informed consent and access to gender-affirming treatment for children in South Africa

 Karabo Ozah
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“Adapt or Perish”: The uncertain fate of childhood contributory negligence in Scotland

 Lesley-Anne Barnes Macfarlane
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Child rights jurisprudence without borders: Developments in extraterritorial jurisdiction

 Ann Skelton
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Remedies for child rights violations in African human rights systems

 Julia Sloth-Nielsen
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Transforming a child’s claim for loss of earning capacity

 Emile Zitzke
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The status of nomination forms and wills when retirement funds’ death benefits are distributed

 Motseotsile Clement Marumoagae
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The role and effect of the Constitution in customary law of succession

 Lindiwe Mtsweni
 Charles Maimela
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Reconciling Lobolo with the Equality Principle: The need to realign official customary law with living customary law of South Africa

 Shammah Boterere
 Charles Maimela
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