De Jure

The Open Access Online Law Journal published by the University of Pretoria

Please note that, to provide Open-Access, De Jure 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. This comes into effect from the second edition of 2015.

Welcome to De Jure (ISSN 2225-7160)

Free and unrestricted access to quality legal articles

De Jure 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.

The following volumes are available on this open access website:

 De Jure 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)

With the wise words of Shakespeare in mind, the editorial board of De Jure has pleasure in presenting the first volume of 2016. This volume paves the way for valuable discussions by a variety of academics on a wide variety of topics. Interesting discussions are provided for pertaining to the incidence of false child sexual abuse allegations and the inherent need to take these allegations more seriously; approaches to designing a more assessable curriculum for clinical legal education in order to prepare legal scholars for the demands of practice; the role of executive directors in a company; aspects relating to insurance fraud and discussions pertaining to the efficacy of debt review in terms of the national Credit Act 24 of 2005 to mention but a few. The De Jure team wish to thank all contributors as well as reviewers to this volume for their efforts and contributions to this volume.

(Editorial).

De Jure 48 Volume 2 2015

The editorial board of De Jure has pleasure in presenting the second volume of 2015. As with every volume of De Jure, 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. The De Jure team wish to thank all contributors to this volume for their efforts and contributions to this volume. This issue, in addition, contains one of the last publications by late Professor Papa Maithufi who sadly passed away on 15 May 2015. This issue is accordingly dedicated to the memory of Professor Papa Maithufi.

The editorial committee would like to express our gratitude to our editorial assistant, Robert Steenkamp, for his diligent assistance during the production of this volume. We would also like to express our gratitude to the team of Pretoria University Law Press (PULP), and especially Lizette Herman, for making this volume a reality.
(Editorial).

De Jure 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 has pleasure in presenting the first volume of 2015. As with every volume of De Jure, this volume contains valuable contributions by a variety of academics on a wide variety of topics. A particular feature of this volume relates to the cluster of contributions dealing with consumer law.

In recent years core pieces of legislation have brought about a significant change in the landscape of Consumer Law, not only in South Africa but also internationally. The National Credit Act 34/2005 and the Consumer Protection Act 68/2008 are central to Consumer Law Reform in South Africa. Due to the nature and wording of these pieces of legislation the relevant positions in Africa as well as abroad have become important.
(From the Editorial).

De Jure 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. There will come a time when our descendants will be amazed that we did not know things that are so plain to them ... Many discoveries are reserved for ages still to come, when memory of us will have been effaced” (Seneca, Natural Questions) With the extract from Seneca in mind, the editorial board of De Jure has pleasure in presenting the second volume of 2014. The volume contains contributions by various academics on a variety of topics. The volume also includes a focus section which contains contributions which interrogate and analyse Pretoria/Tshwane as a capital city from multiple perspectives; cities represented, cities lived, cities remapped and cities re-visioned. These contributions explore the various ways in which academics and social and political communities re-vision the city and, by so doing, provide an interesting and valuable interdisciplinary perspective on this important topic.
(From the Editorial).

De Jure 47 Volume 1 2014

Welcome to the first issue of De Jure, 2014. You will notice that the De Jure 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, I would like to thank Professor Cornelius for his loyal and dedicated service to the journal and to congratulate him on the bumper year, 2013, in which four issues appeared. Sadly, budgetary constraints will not allow this feat to be repeated on a regular basis. Thank you also to the members of the Editorial Board and Advisory Committee for your continuing support and guidance. Those unsung many who serve as peer reviewers, who are essential to the maintenance of the outstanding quality of the journal, must also be acknowledged for your vital inputs. Finally, thank you to each and every one of you who contribute to, and read the journal regularly. Without you there could be no journal.
(From the Editorial).

De Jure 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. This was his second time on campus. In 1991 he was supposed to speak at an event organised by students, but violence erupted and he had to be rushed off the stage.It is worth quoting his speech at the graduation ceremony at some length: Dit is baie maklik om leë woorde te gebruik, en gewoon om hoflikheidsonthalwe te sê wat ’n groot eer ’n mens aangedoen word. Ek sou egter vandag wou hê dat u moet weet hoe diep geraak ek is deur hierdie eerbetoon wat u as universiteit aan my bring.
(From the Editorial).

De Jure 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.
We have trimmed down our daily communications to almost Spartan levels. While this is definitely economic and does save time, it is unfortunate that this form of instant gratification communication does nothing to promote the art of writing well.
(From the Editorial).

De Jure 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. This volume contains a healthy dose of (at least in legal terms) newer topics which still cause much uncertainty and requires further reflection and research. There is also a good measure of traditional topics which suggests that, even after thousands of years of development and debate, the final word will probably never be said on the law relating to these matters. And nor should it. Society is not stagnant - it is in a constant state of flux and therefore the law must inevitably also be fluid.
(From the Editorial).

De Jure 46 Volume 1 2013

Special edition: Education Law in a Democracy
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. Education law specialists should use every occasion to make constructive contributions. This issue provides such an opportunity.
(From the Editorial).

De Jure 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. The Act would have required publishers to submit certain publications for prior approval to the Film and Publication Board, failing which they could incur criminal liability.
(From the Editorial)

De Jure 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 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. We have seen it used to create social awareness, to highlight of the plight of many previously silent martyrs and we have seen it topple oppressive institutions one after the other. Naturally, this is to be celebrated.
(From the Editorial)

De Jure 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. Dat die huidige vier jaar-LLB-leergang ernstige gebreke toon, is nie altemit nie. Dit sal waarskynlik nie moontlik wees om studente in alle opsigte vir die praktyk voor te berei tydens hulle LLB-studies nie.
(From the Editorial)

De Jure 44 Volume 2 2011

The De Jure 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. This essence is exquisitely described by Jason B Jones who states that “because ideas complete, rather than compete with, one another, creativity and innovation ferment most noticeably when ideas are allowed to circulate openly and freely.”
(From the Editorial)

De Jure 44 Volume 1 2011

Hierdie is ’n geskiedkundige uitgawe van De Jure - 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 en tesame diep spore in die regslandskap van Suid-Afrika gelaat. Die toenemende druk op kommersiële uitgewers om wins te toon in moeilike ekonomiese toestande en die lae sirkulasie syfers van akademiese tydskrifte en veral regstydskrifte, het onvermydelik beteken dat die status quo nie meer volhoubaar was nie. Die skeiding was onvermydelik, maar dit was vriendskaplik en beide partye sal nog lank op ander vlakke saamwerk.
(From the Editorial)