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Prof Monray Marsellus Botha

Position, academic & professional qualifications
 
Monray Marsellus Botha is Head of Department and associate professor in the Department Mercantile of Law and holds the degrees BLC, B Com (Hons), LLB, LLM (Pret), MCOM (UJ) LLD (NWU), AIPSA Diploma (AIPSA/Pret), Diploma in Alternative Dispute Resolution (AFSA/Pret), Diploma in Corporate Law (UJ). The title of his LLD thesis is “Employee participation and voice in companies: A legal perspective”. On 06 March 2017 he delivered his inaugural address enitled “First do no harm!” On oaths, social contracts and other promises: Navigating the labyrinth! He is also an NRF-rated researcher, holding a C2 rating.
 
Academic and professional experience
 
He joined the Department of Mercantile at University of Pretoria as a Lecturer/Senior Lecturer in 1999-2006 as well as 2009; then was employed as a Senior Lecturer at University of Johannesburg in 2007-2008 as well as 2011-2013; and then as a Senior Lecturer at North West University in 2013-2015. He is currently Head of Department and associate professor in the Department Mercantile of Law, University of Pretoria.
 
 Teaching activities
 
Subjects he has taught include: Labour Law, Commercial Law, Business Law, Specific Contracts, Law of Contract, Company Law, Alternative Dispute Resolution, Transnational Business Law, and Tax Law.
 
Areas of specialisation
 
His main areas of interest are labour law, corporate law, corporate governance and corporate social responsibility.
 
Recent Representative Publications
  • The influence of post-2008 legislation on an acquisition that turned hostile: A South African case study Co-authored with Ashley Biggs and Caren Scheepers (Gordon Institute of Business Science) South African Journal of Business Management September 2017 (48(3)) 47-61 Accreditation: ISI
  • An employer’s recourse to lock-out and replacement labour: Evaluation of recent case law Co-authored with Motsoane Lephoto (North-West University) PELJ 2017 (20) 1-31 Accreditation: Scopus
  • Demanding quality service: An evaluation of the Wireless Application Service Providers Association (WASPA) Code of Conduct in light of the Consumer Protection Act 68 of 2008 Co-authored with Leander Kruger (NMMU) Obiter August 2017 369-382 Accreditation: DOE
  • The promotion of orderly collective bargaining and effective dispute resolution, the dynamic labour market and the powers of the Labour Court (part 2) Co-authored with Wilhelmina Germishuys (University of South Africa) THRHR Nov 2017 vol 4 531-552 Accreditation: IBSS
  • The promotion of orderly collective bargaining and effective dispute resolution, the dynamic labour market and the powers of the Labour Court (part 1) Co-authored with Wilhelmina Germishuys (University of South Africa) THRHR Aug 2017 vol 3 351-369 Accreditation: IBSS
  • A Holistic Approach for Improving the Health and Safety Records of South African Mines 2017 International Labor Rights Case Law 3 (2017) 253-256.
  • Evaluating the social and ethics committee: Is labour the missing link? (part 2) THRHR 2017 Feb 2017 vol 1 1-19 Accreditation: IBSS
  • Evaluating the social and ethics committee: Is labour the missing link? (part 1) THRHR 2016 November 2016 vol 4 580-593. Accreditation: IBSS
  • Can the ultima ratio and proportionality principles possibly curb unprotected industrial action in South Africa? THRHR 2016 August 2016 vol 3 369-389. Accreditation: IBSS
  • Challenges to the corporate leniency policy in South African competition law TSAR 2015 Issue 2 308-333. Co-authored with Corlia van Heerden (University of Pretoria): Accreditation: DOE/ISI.
  • Responsibilities of companies towards employees PER 2015 Volume 18(2) 1-67: Accreditation: IBSS.
  • In search of alternatives or enhancements to collective bargaining in South Africa: Are workplace forums a viable option? PER 2015 Volume 18(5) 1812-1844: Accreditation: IBSS.
  • Evaluating the United Kingdom’s employee shareholder status provisions in context of the South African position THRHR 2015 Volume 3 556-576: Accreditation: IBSS.
  • Responsible unionism during collective bargaining and industrial action: are we ready yet? De Jure 2015 Volume 2 328-350. Accreditation: DOE
  • Revisiting an old friend: what constitute “a matter of mutual interest” in relation to a strike?: a tale of two recent cases Obiter 2015 Volume 1 194-209: Accreditation: DOE.
  • The Protected Disclosures Act 26 of 2000, the Companies Act 71 of 2008 and the Competition Act 89 of 1998 with regard to whistle-blowing protection: is there a link? TSAR 2014 Issue 1 337-358. Co-authored with Corlia van Heerden (University of Pretoria): AccreditationDOE/ISI.
  • The different worlds of labour and company law: truth or myth? PER 2014 Volume 17(5) 2042-2103. Accreditation: IBSS.
Recent Papers
International
  1. Conference paper (International): Corporate Social Responsibility and product recalls 16-19 July 2017 (Porte Alegre, Brazil)
  2. Conference paper (International): Achieving transformation and social justice in Higher Education: The conundrum faced by senior managerial employees and their role in industrial action at the 9th Private Law and Social Justice Conference: Private Law and the transformation imperative held in Port Elizabeth, South Africa at the Nelson Mandela Metropolitan University 21-22 August 2017
  3. The rights and duties of trade unions as the suppliers of consumer goods and services in South Africa co-presented with Jacolien Barnard (UP) at the University of Pretoria International Consumer Law Conference (UPICLC) 2016: Towards Aligning Consumer Protection in a Global Consumer Market at the University of Pretoria 20-22 September 2016.
  4. Business imperatives, the social contract and the advancement of human rights inside and outside the workplace: Re-examining the relevance and impact of a social justice agenda presented at the 8th Private Law and Social Justice Conference: 20 Years of the Bill of rights: Rhetoric, Retrospect and Ramifications for the Future held in Port Elizabeth, South Africa at the Nelson Mandela Metropolitan University 22-23 August 2016.
  5. Exploring alternatives or advancements to collective bargaining: A South African perspective at the SASLAW International Labour Law Conference held in Cape Town, South Africa 15-18 October 2015
  6. Evaluating the United Kingdom’s employee shareholder status provisions in context of the South African position presented at the 7th Private Law and Social Justice Conference held in Port Elizabeth, South Africa at the Nelson Mandela Metropolitan University 17-18 August 2015.
  7. Worker voice in South Africa: Exploring alternatives to collective bargaining presented at the 4th Conference of the Regulating of Decent Work Network Developing and Implementing Policies for a Better Future at Work held at the International Labour Office, Geneva, Switzerland 08-10 July 2015.
National
  1. Re-evaluating the role of trade unions in times of crisis: are trade unions still relevant to collective bargaining in South Africa? presented at the Labour Relations Law in South Africa: Twenty Years of Lawmaking and Adjudication Conference, University of South Africa, Pretoria 17-18 August 2016.
  2. The social and ethics committee and worker voice at the 2nd Annual Company Law Colloquium held in Cape Town, South Africa at the University of Cape Town, 22 March 2016.
  3.  Possible pitfalls or risks of social media in the workplace at the 50th North-West University Law Faculty Celebration Conference, Potchefstroom, South Africa, 25 September 2015.
  4. The New Rights the Companies Act 71 of 2008 grants to workers presented at the SASLAW Student Conference held at the Chaltsy Auditorium, University of Witwatersrand on 29 August 2015.
  5.  Employee participation and voice: A legal perspective at the Inter-campus Research Colloquium of North-West University Law Faculties held at Magaliesburg, South Africa 12 June 2015
  6. Can the ultima ratio (the proportionality) principle possibly curb unprotected industrial action in South Africa?: Lessons from Germany and the European Union at the 1st Annual Emerging Legal Scholarship Conference held in Port Elizabeth, South Africa at the Nelson Mandela Metropolitan University, 04 and 05 February 2015.
  7. Demanding quality service: An evaluation of WASPA Code of Conduct in light of the Consumer Protection Act 68 of 2008 co-presented with Leander Kruger (NMMU) at the 10th Annual Eastern & Western Cape Universities Emerging Researchers’ Conference held in Port Elizabeth, South Africa at the Nelson Mandela Metropolitan University 29-30 January 2015.
  8. In search of responsible unionism: responsibilities of trade unions during collective bargaining and industrial action in the plight to address inequality and the search for social justice at the 6th Private Law and Social Justice Conference held in Port Elizabeth, South Africa at the Nelson Mandela Metropolitan University on August 18-19, 2014.
  9. The advancement of employee rights in corporate law Presented on 13 February 2014 at the Faculty of Law, North-West University, South Africa.
 
Tel: +27 (0)12 420 5417
E-mail: [email protected]
 

https://up-za.academia.edu/MMBotha

https://hq.ssrn.com/submissions/MyPapers.cfm?partid=2119068

https://scholar.google.co.za/citations?hl=en&user=gxfzmMwAAAAJ&view_op=list_works&sortby=pubdate

https://www.researchgate.net/profile/Monray_Botha/contributions

https://orcid.org/my-orcid

 

[January 2018]

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Last edited by Zamandina MthembuEdit