Professor Jacolien Barnard

Position, academic & professional qualifications

 

Jacolien Barnard is a professor in the Department Mercantile of Law and holds the degrees LLB (Pret), LLM (UNISA) and LLD (Pret). She was admitted as an attorney of the High Court of South Africa in 2002. She is also an NRF-rated researcher, holding a C2 rating.

 

Academic and professional experience

 

Barnard practiced as an attorney and joined the Department of Justice and Constitutional Development in 2002 as a Senior Legal Researcher to the judges of the High Court of Pretoria. She had her own practice and was a financial advisor at Private Wealth Management until 2007. She joined the Department of Mercantile Law, University of Pretoria in 2008 on a full-time basis. She completed her doctoral thesis with honours entitled: “The influence of the Consumer Protection Act 68 of 2008 on the common law of sale” in 2013.

 

She is also co-author of Van Eeden & Barnard Consumer Protection Law in South Africa 2nd edition (2017) ISBN 978 0 409 12922 9; E-book ISBN number: 978 0 409 07819 0. Jacolien is one of the managing editors for the 3-volume book series De Serie Legenda: Developments in Commercial Law (2019) Vol I: ISBN 9780 6390 08844, Vol II: ISBN 9780 6390 08868 and Vol III: ISBN 9780 639008882) She was also volume editor for Vol II “Specific Contracts and Consumer Protection Law”.

 

Teaching activities

 

Subjects she has taught include: Business Law, Commercial Law, Consumer Protection Law, Law of Specific Contracts, Advanced Consumer Protection Law and Advanced International Consumer Protection Law.

 

Areas of specialisation

 

Barnard’s main areas of interest are Consumer Protection Law (national and international); Law of Specific Contracts (Sale, Lease, Agency Surety) and Product Liability Law.

 

Recent Representative Publications (2015 to 2020)

 

  • Has the South African consumer protection law landscape been transformed successfully? Comments on selected provisions in the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008” (co-author S Renke, University of Pretoria) Van Der Merwe, D (ed) Magister: Essays vir/ for Jannie Otto 2020 Chapter 3 24-49 ISBN978-0-63930-1222-3 E-book 978-0-63930-1223-0 Lexisnexis
  • Suppliers, consumers and redress for defective vehicles - the reach of the National Consumer Tribunal: Tshehla v Aucamp Eiendoms Beleggings SALJ, 2020(2) 229-245.
  • Caveat emptor: Second-hand motor vehicles and the Consumer Protection Act 68 of 2008 (co-authored with Corlia van Heerden, University of Pretoria) 199 – 221 in De Serie Legenda: Developments in Commercial Law Volume I: Law of Specific Contracts and Banking Law (2019) Lexisnexis.
  • Estate agents, conveyancers, fraudulent transfer of immovable property and the liability of the registrar of deeds, Stirling v Fairgrove (Pty) Ltd 2018 2 SA 469 (co-authored with Chris Nagel, University of Pretoria) 1-15 in De Serie Legenda: Developments in Commercial Law Volume II: Law of Specific Contracts and Consumer Protection Law (2019) Lexisnexis.
  • The role and responsibility of suppliers in the recall of defective, unsafe and hazardous consumer products causing harm (co-authored with Monray Botha, University of Pretoria) 39-64 in De Serie Legenda: Developments in Commercial Law Volume II: Law of Specific Contracts and Consumer Protection Law (2019) Lexisnexis.
  • Narrowing the reach of the strict product liability provisions in section 61 of the Consumer Protection Act 68 of 2008: Eskom Holdings Ltd v Halstead-Cleak 2017 (1) SA 333 (SCA) (co-authored with Corlia van Heerden, University of Pretoria) THRHR 2019 (Aug) 444-465.
  • The Role of the Courts in the Application of Consumer Protection Law: A Comparative Perspective (co-authored with Emilia Miscenic, University of Rijieka Croatia) JJS 2019(1) 111-138.
  • For whom the bell tolls: The application of section 14 of the Consumer Protection Act 68 of 2008 on residential lease agreements - Transcend Residential Property Fund Limited v Mati 2018 4 SA 515 (WCC) THRHR 2019 (Feb) 164-175.
  • Enforcement and Effectiveness of Consumer Law in South Africa (co-authored with Tjakie Naudé University of Cape Town) 565-590 in Miclitz, H & Saumier, G Enforcement and Effectiveness of Consumer Law (2018) Springer.
  • Trade unions as suppliers of goods and services (co-authored with Monray Botha, University of Pretoria) SA Merc LJ 2018 216 –250.
  • The role of comparative law in consumer protection law: A South African perspective SA Merc LJ Volume 3 2017 353-389.
  • An appraisal of section 16 of the Consumer Protection Act 68 of 2008 THRHR 2016 495-503.
  • The virtue of cooling-off rights to consumers: ‘be in the habit of choosing the mean’ – a comparative discussion of South Africa, the United Kingdom and Belgium CILSA 2016 Vol 49 1-23.
  • Consumer rights of the elderly as vulnerable consumers in South Africa: some comparative aspects of the Consumer Protection Act 68 of 2008 International Journal of Consumer Studies 2015 223-229.

 

Recent Papers (2016 to 2020)

 

International

 

  1. Online consumer transactions and redress: A comparison with EU and SA consumer protection (co-presenter Prof. E Miscenic, University of Rijieka, Croatia) 3 November 2020 (Virtual Conference by the IACL on Consumer Issues).
  2. The Transformation of Consumer Protection Law in South Africa: A holistic overview co-presented with Stefan Renke, University of Pretoria, McKinney Law School, Indianapolis USA, 13-15 June 2019.
  3. Responsible suppliers and product recalls: The disconnect between food safety standards, listeriosis outbreak and communication channels with consumers co-presented with Monray Botha, University of Pretoria, McKinney Law School, Indianapolis USA, 13-15 June 2019.
  4. The Role of the Courts in the Application of Consumer Protection Law: A Comparative Perspective co-presented with Emilia Mišćenić, Faculty of Law, University of Rijeka, Rijeka, Croatia, University of Pretoria International Consumer Law Conference (UPICLC), Pretoria, South Africa, 25-27 September 2018.
  5. The regulation of Alternative Dispute Resolution Institutions in Consumer Redress and Enforcement: A South African Perspective co-presented with CM van Heerden (UP), 20th International Consumer Law and Regulation Conference, London, United Kingdom, 14-15 May 2018.
  6. Product safety monitoring and recall and the social responsibility of suppliers of defective motor vehicles, 9th Private Law and Social Justice Conference: Private Law and the transformation imperative, Nelson Mandela Metropolitan University, Port Elizabeth (South Africa), 21-22 August 2017.
  7. The rights and duties of trade unions as the suppliers of consumer goods and services in South Africa co-presented with Monray Botha (UP), University of Pretoria International Consumer Law Conference (UPICLC) 2016: Towards Aligning Consumer Protection in a Global Consumer Market, Pretoria (South Africa) 20-22 September 2016.
  8. The important role of Comparative Law in Consumer Protection Law: A South African Perspective, American Society of Comparative Law Younger Comparativists Committee Fifth Annual Global Proceeding Conference, Tulane University, New Orleans USA, 3-6 March 2016.

 

National 

 

  1. For whom the bell tolls: The application of section 14 of the Consumer Protection Act 68 of 2008 on the lease of residential property, South African Property Law Teachers’ Colloquium 2018, University of Pretoria, Pretoria, 1-2 November 2018.
  2. The application of the Consumer Protection Act, Seminars for the Law Society of the Northern Provinces (Gauteng and Potchefstroom) August 2018.
  3. The application of the Consumer Protection Act, Seminar for the Law Society of the Northern Provinces, Pretoria, September 2016.
  4. Global Trends in the Enforcement of Consumer Protection, hosted by the Department of Trade and Industry, Pretoria, June 2016.

 

Tel: +27 (0)12 420 2364

E-mail: [email protected]

 

Academia:

http://up-za.academia.edu/JacolienBarnard

 

SSRN:

https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1604554

 

Google Scholar:

https://scholar.google.co.za/citations?user=lOAyMgcAAAAJ&hl=en

 

Researchgate:

https://www.researchgate.net/profile/Jacolien_Barnard

 

Orchid:

 https://orcid.org/0000-0001-7457-5569

 

LinkedIn:

https://za.linkedin.com/in/jacolien-barnard-b7958320

 

[March 2021]

Published by Elzet Hurter

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