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Prof Stefan (BPS) van Eck

Position, academic & professional qualifications
Stefan van Eck holds the degrees BLC, LLB and LLD (Pret). The title of his LLD thesis is “Evaluering van die Nywerheidshofstelsel in die Suid-Afrikaanse Arbeidsreg” (Evaluation of the Industrial Court System in the South African Labour Law). He was Head: Department of Mercantile Law between 1 October 2007 and 31 December 2015. He was admitted as an attorney of the High Court (Transvaal Provincial Division) in 1997 and holds a C2 ranking from the National Research Foundation.
Academic & professional experience
He joined the Department of Mercantile Law as an academic assistant in 1988. He was appointed as lecturer in 1989 and was promoted to senior lecturer in 1990, to associate professor in 1996 and to professor in 1998. He completed his articles as a candidate attorney at the University of Pretoria Legal Aid Clinic in 1996.
Teaching activities
He has taught Labour Law (ABR 210) and Fundamental Labour Law (ABR 420) as part of the LLB-degree, Collective Labour Law (KRB 820) and International Labour Law (ITA 802) on the course work LLM-degree in Labour Law , Aspects of Law for Project Management (ILC 803) for the Masters in Project Management (Engineering Faculty) and he has 5 registered LLD-students. He is also the course leader for the CE@UP Program in Disciplinary Hearings and the Certificate in Advanced Labour Law. He was invited to present lectures at the Université Paris Panthéon-Sorbonne in the Professional Master COSI Leadership Project (in corporation with the Areva Corporate) between 18 and 21 September 2007.
Representative publications
  • “Social Protection Afforded to Irregular Migrant Workers: Thoughts on the Southern Africa Development Community (with Emphasis on Botswana and South Africa) 2015 Journal for African Law 294-316 (co-authored with F Snyman)
  • “Revisiting Agency Work in Namibia and South Africa: Any Lessons from the Decent Work Agenda and the Flexicurity Approach?” 2014 The International Journal of Comparative Labour Law and Industrial Relations 49-66
  • “Are Magistrates Remediless in terms of Labour Law?” 2014 Industrial Law Journal 2700-2710 (co-authored with L Diedericks)
  • Van Eck BPS and Mathiba MK “Constitution Seventeenth Amendment Act: Thoughts on the Jurisdictional Overlap, the Restoration of Labour Appeal Court and the Demotion of the Supreme Court of Appeal” 2014 Industrial Law Journal 863-879 (co-authored with M  Mathiba)
  • “Employment Agencies: International Norms and Developments in South Africa” 2012 The International Journal of Comparative Labour Law and Industrial Relations 29-44.
  • “Impact of Labour Law on South Africa’s New Corporate Rescue Mechanism” 2011 The International Journal of Comparative Labour Law and Industrial Relations (2011) Vol 27(1)  65-84 (co-authored with Joubert T and Burdette DA)
  • Book: Law@work  (2015) (co-authors Van Niekerk A, Christianson M, McGregor M, Smit, N) LexisNexis
  • Chapter:  “Constitutionalisation of South African Labour Law: An Experiment in the Making" in Legal Protection of Worker’s Human Rights: Regulatory Changes and Challenges, (2010) Hart
  • Chapter: "Employment Equity in South Africa: The Socio-Political Realities and Legal Theoretical Justification" in Essays in Honor of Prof. Dr. Ali Güzel, (2010) 207-230, Beta (co-authored with A Eleveld)
  • "The Right to a Pre-dismissal Hearing in Terms of the Common Law: Are the Civil Courts Misdirected?" (2008) Obiter vol 29(3) 339-351
  • Chapter: “A Plea for the Development of Coherent Labour and Insolvency Principles on a Regional Basis in SADC Countries” in International Insolvency Law: Themes and Perspectives, Omar P (ed), 2008, 269-294, Ashgate Publishers (co-authored with Boraine A)
  • “Labour Dispute Resolution in the Public Service: The Mystifying Complexity Continues” (2007) Industrial Law Journal Vol 28 793-803
  • “Administrative, Labour and Constitutional Law – A Jurisdictional Labyrinth” (2006) Industrial Law Journal Vol 27 1987-1999 (co-authored with Jordaan-Parkin R)
  • “Transfer of Businesses as Going Concerns: The Over-protection of Employees under Insolvent Circumstances” (2006) De Jure 405-421
  • Book: Principles of Labour Law 3rd ed (2005) (Translated Kompendium van Arbeidsreg) LexisNexis Butterworths (co-authored with Van Jaarsveld SR)
  • “The Constitutionalisation of Labour Law: No Place for a Superior Labour Appeal Court in Labour Matters: (Part 1) Background to the South African Labour Courts and the Constitution” (2005) Obiter Vol 26 (3) 549-560; “(Part II) Erosion of the Court’s Jurisdiction” (2006) Obiter Vol 27 (1) 20-32
  • “Fair Labour Practices in South African Insolvency Law” 2004 SALJ 902-925 (co-authored with Boraine A and Steyn L)
  • “Compulsory Retirement and Discrimination on the Ground of Old Age” 2004 CILSA Vol XXXVII no 1 40-64 (co-authored with Labuschage JTM, Bekker JC)
  • “Dismissal of Executive Directors: Comparing Principles of Company Law and Labour Law” (2004) TSAR Vol 1 20-38 (co-authored with S Lombard S)
Areas of specialisation
His main areas of interest include labour dispute resolution institutions, protection of precarious workers, interaction between labour law and insolvency law and the influence of the Constitution on the evolution of labour and insolvency law.
Academic & professional memberships
He is Deputy President of the International Society of Labour and Social Security Law (Africa region). He is on the national committee of the South African Society for Labour Law (SASSLAW) and  member of the Law Society of South Africa (Northern Provinces Law Society) and Southern African Law Teachers Association (SALTA).
Awards & bursaries
During 1995 the University of Pretoria’s Faculty of Law awarded the “Best Book of the Year” prize to Van Jaarsveld and Van Eck for Principles of Labour Law 2002 and during 1996 he was awarded the Best Student Award by the University of Pretoria Law School in preparation of the Attorneys Admission Examination.
He acted as Deputy Dean of the Faculty of Law between April and June 1999 and served as Head of the Department of Mercantile Law between 1 October 2007 and 31 December 2015.  He has served on the Management Board of the University of Pretoria Legal Aid Clinic since 2002 and was the Chairperson of the University of Pretoria Centenary Celebrations Committee.
Tel: +27 12 420-2363
Fax: +27 12 420-4010

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Last edited by Dineo MlangeniEdit