Prominent Publications

Mercantile Law Publications UPdate

 

 

 

 

 

2019

 

Prominent publications in the Department of Mercantile Law: 2019 – 2020

Contributions to international scholarship in the form of internationally published books and invited submissions:

  • Sylvia Papadopoulos and Stefan van Eck "Disruptive technologies and taxi rides in South Africa: What is the 'Uber' uproar about?" in Zeynep Ayata and Işık Önay (eds) Global Perspectives on Legal Challenges Posed by Ridesharing Companies: A Case Study of Uber to be published by Springer Singapore (2020/2021)
  • Reghard Brits "Harmonizing international secured transactions law" in Andrew Hutchison and Franziska Myburgh (eds) Research handbook on international commercial contracts to be published by Edward Elgar (2020)
  • Hermie Coetzee and Melanie Roestoff were invited to submit a paper for a special edition of the International Insolvency Review. The paper is titled "Rectifying an unconstitutional dispensation? A consideration of proposed reforms relating to No Income No Asset (NINA) debtors in the South African insolvency law system" published in IIR by INSOL International and John Wiley & Sons Ltd (2020)
  • Corlia van Heerden and Gerda van Niekerk " The role of the SARB as central bank in the Twin Peaks model" in Andrew Godwin and Andrew Schmulow in The Cambridge Handbook of Twin Peaks Financial Regulation to be published by Cambridge University Press (2020)

Co-publications with international scholars from foreign universities:

  • Stéfan Renke co-authored a paper in two parts with Reinhard Steennot from Ghent University, Belgium titled "The marketing of consumer and mortgage credit as a responsible lending tool: A comparison of European, Belgian and South African law" parts one and two published in PELJ (2020)
  • Jacolien Barnard co-authored a paper with Emilia Mišćenić from the University of Rijeka, Croatia titled "The Role of the Courts in the Application of Consumer Protection Law: A Comparative Perspective" published in the Journal for Juridical Science (2019)
  • Corlia van Heerden a paper in two parts with Reinhard Steennot from Ghent University, Belgium titled "The marketing of consumer and mortgage credit as a responsible lending tool: A comparison of European, Belgian and South African law" parts one and two published in PELJ (2019)
  • Carika Fritz co-authored a chapter with Nina Olsen, Taxpayer Advocate of the United States of America titled "The taxpayers’ right to tax simplicity in South African and the United States" in Chris Evans et al (eds) Tax Simplification: An African Perspective published by Pretoria University Law Press (2019)
  • Melanie Roestoff and Stéfan Renke co-published a paper with Ndatega Asheela from the University of Namibia titled “Leading international best regulatory principles in responsible lending policy: lessons for Namibia” published in the International Journal of Private Law (2019)

National recognition:

  • Jacolien Barnard's publication titled "'For whom the bells tolls': The application of section 14 of the Consumer Protection Act 68 of 2008 to residential lease agreements – Transcend Residential Property Fund Limited v Mati 2019 THRHR 164" was awarded the 2019 Prize for the Best Short Contribution as published in the Contemporary Journal for Roman-Dutch Law (THRHR) by the Vereniging Hugo de Groot. 

Citations by the courts:

  • Piet Delport's authored and edited seminal work Henochsberg on the Companies Act 71 of 2008 was quoted and referenced by the Supreme Court of Appeal in Hlumisa Investment Holdings (RF) Ltd v Kirkinis (Case no 1423/2018) [2020] ZASCA 83 (03 July 2020).
  • ·Melanie Roestoff and Hermie Coetzee's publication Consent to Jurisdiction – Unlawful provision in a credit agreement in terms of the National Credit Act – Is the jurisdiction of a Court ousted thereby? Absa Bank Ltd v Mybyrgh unreported case no 31827/2007 (T); Nedbank Ltd v Mateman unreported case no 36472/2007 (T); Nedbank v Stringer unreported case no 37792/2007 (T) published in the THRHR (2008) was quoted and referenced by the Western Cape Supreme Court in Standard Bank of SA Ltd v Kekana; Standard Bank of SA Ltd v Mbedu; Standard Bank of SA Ltd v Mayaphi; Standard Bank of SA Ltd v Mbha; Standard Bank of SA Ltd v Van Zyl; Standard Bank of SA Ltd v Rodgers unreported case nos 19167/19; 16945/19; 16365/19; 17242/19; 14294/19; and 21309/18 [2020] ZAWCHC 44 (25 May 2020).

Seminal books:

  • Piet Delport (author and editor) Henochsberg on the Companies Act 71 of 2008 published by LexisNexis (updated annually)
  • Corlia van Heerden and Stéfan Renke (contributing authors) Guide to the National Credit Act (edited by Johan Scholtz) published by LexisNexis (updated annually)
  • Corlia van Heerden (contributing author) Commentary on the Consumer Protection Act (edited by Sieg Eiselen (managing editor)) published by Juta (updated annually)

Research related to constitutional matters:

  • Kamalesh Newaj and Stefan van Eck co-authored a paper titled “The Constitutional Court on the Rights of Minority Trade Unions in a Majoritarian Collective Bargaining System” to be published in the Constitutional Court Review (2020)
  • Hermie Coetzee and Reghard Brits co-authored a chapter titled "Extinguishing of debt in terms of the debt intervention procedure – Some remarks on 'arbitrariness'" to be published in a book dedicated to Prof Jannie Otto
  • Reghard Brits co-published a paper with Carika Fritz (from WITS) "Does the 'pay now, argue later' approach in the Tax Administration Act infringe on a taxpayer's right not be deprived of property arbitrarily" to be published in the SAJHR (2020)
  • Hermie Coetzee and Melanie Roestoff were invited to submit a paper for a special edition of the International Insolvency Review. The paper is titled "Rectifying an unconstitutional dispensation? A consideration of proposed reforms relating to No Income No Asset (NINA) debtors in the South African insolvency law system" published in IIR by INSOL International and John Wiley & Sons Ltd (2020)

National academic citizenship and collaboration with authors from outside UP:

  • A number of specialists contributed chapters to a book dedicated to Prof Jannie Otto:
    • Jacolien Barnard and Stéfan Renke "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"
    • Hermie Coetzee and Reghard Brits "Extinguishing of debt in terms of the debt intervention procedure – Some remarks on 'arbitrariness'"
  • Monray Botha and Jacolien Barnard were the managing editors for the first three volumes of De Series Legenda Developments in Commercial Law published by LexisNexis (2019) dedicated to Proff Chris Nagel, Johan Lötz and Piet Delport; together with the volume editors: Melanie Roestoff and Reghard Brits (vol I), Jacolien Barnard and Jani van Wyk (vol II); Hermie Coetzee and Carika Fritz (vol III), with numerous non-UP contributions, and the following from the department:
    • "The role and responsibility of suppliers in the recall of defective, unsafe and hazardous consumer products causing harm" (Botha and Barnard)
    • "Caveat emptor: Second-hand motor vehicles and the Consumer Protection Act 68 of 2008" (Van Heerden and Barnard)
    • "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 (GJ)" (Barnard and Nagel)
    • "First do no harm! On oaths, social contracts and other promises: How corporations navigate the corporate social responsibility labyrinth" (Botha)
    • "Section 34 of the Insolvency Act 24 of 1936: When is a trader a trader and when is business, business in the ordinary course of that business when immovable property is sold as a going concern – a practical dilemma" (Lötz)
    • "Debt relief for middle-income debtors under the National Credit Act 34 of 2005 – International approaches and guidelines" (Roestoff and Coetzee)
    • "The implications of the Corondimas principle for South African contract law: a new paradigm for specific contracts?" (Van Wyk and Brits)
  • Monray Botha co-published a paper with Elmarie Fourie (from the University of Johannesburg) "Decolonising the labour law curriculum in the new world of work" published in THRHR (2019)
  • Corlia van Heerden co-published a paper with Gerda van Niekerk (from the University of Limpopo) "The importance of a legislative framework for co-operation and collaboration in the Twin Peaks model of financial regulation" published in the SALJ (2020)
  • Reghard Brits co-published a paper with Michel Koekemoer (from UNISA) "Towards reforming South African secured transactions law: The value of a comparison with international and regional legal instruments" to be published in the THRHR (2020)
  • Reghard Brits co-published a paper with Carika Fritz (from WITS) "Does the 'pay now, argue later' approach in the Tax Administration Act infringe on a taxpayer's right not be deprived of property arbitrarily" to be published in the SAJHR (2020)
  • Stefan van Eck co-published a paper with Rudolph Kuhn (in private practice as Rudolph Kuhn Attorney) titled "Amendments to the CCMA Rules: Thoughts on the good, the bad and the curious" published in the Industrial Law Journal (2019)  

Barnard, J

“‘For whom the bell tolls’: The application of section 14 of the Consumer Protection Act 68 of 2008 to residential lease agreements, Transcend Residential Property Fund Limited v Mathi & Others 2018 (4) SA (WCC)” 

Journal for Contemporary Roman-Dutch Law (2019 Prize for the Best Short Contribution as published in the Contemporary Journal for Roman-Dutch Law (THRHR) by the Vereniging Hugo de Groot)

Barnard, J (with Mišćenić, E of the University of Rijeka, Croatia)

“The Role of the Courts in the Application of Consumer Protection Law: A Comparative Perspective”

Journal for Juridical Science

Barnard, J and Nagel, CJ

“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 (GJ)”

Volume II, Developments in Law of Specific Contract and Consumer Protection Law. Series title: De Serie Legenda: Developments in Commercial Law (2019) LexisNexis

Botha, MM

“First do no harm! On oaths, social contracts and other promises: How corporations navigate the corporate social responsibility labyrinth”

Volume III, Developments in Law of Specific Contract and Consumer Protection Law. Series title: De Serie Legenda: Developments in Commercial Law (2019) LexisNexis

Botha, MM and Barnard, J

“The role and responsibility of suppliers in the recall of defective, unsafe and hazardous consumer products causing harm”

Volume II, Developments in Law of Specific Contract and Consumer Protection Law. Series title: De Serie Legenda: Developments in Commercial Law (2019) LexisNexis

Botha, MM (with Fourie, E of the University of Johannesburg)

“Decolonising the labour law curriculum in the new world of work”

Journal for Contemporary Roman-Dutch Law

Botha, MM and Fritz, C

“Whistle-blowing for reward, friend or foe? Exploring a possible tax whistle-blowing programme in South Africa”

Obiter

Cassim, MF

“Enhancing Corporate Democracy by the Use of Shareholder Proxies”

Obiter

Coetzee, H and Roestoff, M (with Osunlaja, T)

“Natural Person Debt Relief Reforms in Nigeria – A Comparison with South Africa”

Comparative and International Law Journal of Southern Africa

Delport, PA

Henochsberg on the Companies Act 71 of 2008 (author and editor)

Published by LexisNexis (updated annually)

Fritz, C

“Nondabula v C:SARS – ‘Victory’ for taxpayer after SARS fails to fulfil its duties”

De Jure

“Reconsidering the ‘pay now, argue later’ approach of South Africa in relation to disputed taxes – lessons from Canada and Australia”

Journal for Juridical Science

Fritz, F and Van Heerden, CM

“The interaction between the National Credit Act and the Value-added Tax Act where goods are surrendered or repossessed”

Journal for Contemporary Roman-Dutch Law

Fritz, C (with Van Zyl, F formerly of UNISA)

“Taxpayer revolt: Withholding taxes due vs SARS’ right of recourse against a defaulting taxpayer”

Journal for Contemporary Roman-Dutch Law

Fritz, C (with Van Zyl, F formerly of UNISA)

“The issue of prescription in tax – CSARS v Char-Trade (776/2017) ZASCA 89 (31 May 2018)”

Journal for Contemporary Roman-Dutch Law

Fritz, C (with Olsen, N – Taxpayer advocate, USA)

“The taxpayers’ right to tax simplicity in South African and the United States”

Chris Evans et al (eds) Tax Simplification: An African Perspective published by Pretoria University Law Press

Lötz, DJ

“Section 34 of the Insolvency Act 24 of 1936: When is a trader a trader and when is business, business in the ordinary course of that business when immovable property is sold as a going concern – a practical dilemma”

Volume I, Developments in Law of Specific Contract and Consumer Protection Law. Series title: De Serie Legenda: Developments in Commercial Law (2019) LexisNexis

Nagel, CJ

“Die regsverhouding tussen ‘posspaarbank’ en kliënt en die verjaring van deposito’s”

Journal of South African Law

Newaj, K

“Establishing jurisdiction in respect of unfair labour practices relating to the provision of ‘benefits’”

South African Mercantile Law Journal

Renke, S

“Die grootte-klassifikasie van kredietfasiliteite ingevolge die Nasionale Kredietwet 34 van 2005: Collotype Labels v Prinspark CC [2016] ZAWCHC 159 (9 Nov 2016)”

Litnet Akademies

Guide to the National Credit Act (contributing author)

Scholtz, J (ed) published by LexisNexis (updated annually)

Renke, S and Van Heerden, CM

“Perspectives on the disclosure of the location of goods in terms of section 97 of the National Credit Act 34 of 2005”

Obiter

Renke, S and Roestoff, M (with Asheela, N from the University of Namibia)

“Leading international best regulatory principles in responsible lending policy: lessons for Namibia”

International Journal of Private Law

Roestoff, M

“Onderhoudseise en sekwestrasie ingevolge die Insolvensiewet 24 van 1936”

Litnet Akademies

Roestoff, M and Coetzee, H

“Debt relief for middle-income debtors under the National Credit Act 34 of 2005 – International approaches and guidelines”

Volume I, Developments in Law of Specific Contract and Consumer Protection Law. Series title: De Serie Legenda: Developments in Commercial Law (2019) LexisNexis

Roestoff, M and Joubert, EP

“Liability of a body corporate as applicant creditor to contribute towards the cost of sequestration First Rand Bank Ltd v Master of the High Court (Pretoria) (53071/2016) [2018] ZAGPPHC 806 (18 April 2018)”

Journal for Contemporary Roman-Dutch Law

Van Eck, BPS (with Kuhn, R from private practice)

“Amendments to the CCMA Rules: Thoughts on the  Good, the Bad and the Curious”

Industrial Law Journal

Van Eck, BPS (with Gerber, G)

“Interpretation  of ‘fronting practice’ in terms of the Broad-based Black Economic Empowerment Act 53 of 2003 Passenger Rail Agency of South Africa v Swifambo (Pty) Ltd 2017 6 SA 223 (GJ)”

Journal for Contemporary Roman-Dutch Law

Van Heerden, CM

Guide to the National Credit Act (contributing author)

Scholtz, J (ed) published by LexisNexis (updated annually)

Commentary on the Consumer Protection Act contributing author

Eiselen, S (managing ed) published by Juta (updated annually)

Van Heerden, CM and Renke, S

“Cost of credit in terms of the National Credit Act: ‘On the road fees’, administrative fees and /or handling fees”

 

Du Toit, S and Hugo, C (eds) Annual Banking Law Update Recent Legal Developments of Special Interest to Banks, published by Juta

Van Heerden, CM (with Steennot, R of Ghent University, Belgium)

“The marketing of consumer and mortgage credit as a responsible lending tool: A comparison of European, Belgian and South African law” Parts one and two

Potchefstroom Electronic Law Journal

Van Heerden, CM and Fritz, C

“Allocation of prepayments received on credit agreements: Perspectives on section 126(3) of the National Credit Act 34 of 2005”

Journal for Contemporary Roman-Dutch Law

Van Heerden, CM and Barnard, J

“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)”

Journal for Contemporary Roman-Dutch Law

Van Heerden, CM and Barnard, J

“Caveat emptor: Second-hand motor vehicles and the Consumer Protection Act 68 of 2008”

Volume I, Developments in Law of Specific Contract and Consumer Protection Law. Series title: De Serie Legenda: Developments in Commercial Law (2019) LexisNexis

Van Heerden, CM and Coetzee, H

“Unintentionally trapped by debt review: Procedural inadequacies in the National Credit Act 34 of 2005 relating to withdrawal from the debt review process”

Potchefstroom Electronic Law Journal

Van Wyk, JS

“A comparative analysis of the ‘regulatory independence’ of the Financial Sector Conduct Authority and the National Credit Regulator”

Journal for Contemporary Roman-Dutch Law

Van Wyk, JS and Brits, R

“The implications of the Corondimas principle for South African contract law: a new paradigm for specific contracts?”

Volume II, Developments in Law of Specific Contract and Consumer Protection Law. Series title: De Serie Legenda: Developments in Commercial Law (2019) LexisNexis

 

2018

 

Barnard, J (with Naudé, T)

“Enforcement and effectiveness on Consumer Law in South Africa”

Chapter in Micklitz & Saumier (eds) Enforcement and Effectiveness of Consumer Law - Ius Comparatum, Global Studies in Comparative Law Vol 27 (2018) Springer

Barnard, J and Botha, MM

“Trade unions as suppliers of goods and services”

South African Mercantile Law Journal

Botha, MM

“Managing racism in the workplace”

Journal for Contemporary Roman-Dutch Law

Brits, R

“The National Credit Act’s remedies for reckless credit in the mortgage context”

Potchefstroom Electronic Law Journal

“Section 21 of the Insolvency Act and the final Constitution’s property clause: revisiting Harksen v Lane NO”

Chapter in Muller et al (eds) Transformative property law: Festschrift in honour of AJ van der Walt (2018) Cape Town: Juta

“Compulsory debt reorganisation in South African mortgage law: a ‘sharing’ remedy”

South African Law Journal

“Executing a judgment debt against immovable property occupied as a family home in customary law: Nedbank Limited v Molebaloa”

South African Mercantile Law Journal

Cassim, MF

“The Safeguards and Protective Measures for Property Owners during Business Rescue”

South African Mercantile Law Journal

“The doctrine of contemporaneous share ownership and aspects of locus standi in the new derivative action”

South African Law Journal

“Untangling the Requirement of Good Faith in the Derivative Action in Company Law”

Obiter

Coetzee, H

“An opportunity for No Income No Asset (NINA) debtors to get out of check? - An evaluation of the proposed debt intervention measure”

Journal for Contemporary Roman-Dutch Law

Coetzee, H (with Van Sittert, C)

“Recent developments regarding wage garnishment in South Africa”

International Journal of Private Law

Fritz, C

“Third-party appointments by SARS – A look into the future”

Journal for Contemporary Roman-Dutch Law

“Taxpayers’ payment obligation pending dispute resolution - Approaches of South Africa and Nigeria”

African Human Rights Law Journal

Papadopoulos, S

“A Consumer's Case for Regulating Electronic Credit and Debit Transfers (EFTs) in South Africa”

International Journal of Private Law

Papadopoulos, S (with Feng, K)

Student (K-12) Data Protection in the Digital Age: A Comparative Study

Comparative and International Law Journal of Southern Africa

Renke, S and Coetzee, H

“The circumstances under which section 85(a) of the National Credit Act 34 of 2005 can be utilised as an avenue to access or re-access the debt relief measures in terms of the Act”

De Jure

Roestoff, M

“Rehabilitation of an insolvent and advantage to creditors under the insolvency Act 24 of 1936 Ex parte Purdon 2014 JDR 0115 (GNP)”

Journal for Contemporary Roman-Dutch Law

“Insolvency restrictions, disabilities and disqualifications in South African consumer insolvency law: A legal comparative perspective”

Journal for Contemporary Roman-Dutch Law

“Nog ‘n vriendskaplike-sekwestrasie-aansoek sneuwel Botha v Botha 2017 JOL 38011 (VB)”

LitNet Akademies

Van Eck, BPS

“Arbeidsmakelaars: Enkel werkgewer, twee kontrakte en talle onbeantwoorde vrae Assign Services (Pty)

Limited v National Union of  Metal Workers of South Africa (2018) 39 ILJ 1911 (KH)”

LitNet Akademies

Van Eck, BPS       (with Kujinga, T)

“Large-scale Operation Requirements Dismissals: How Effective Are the Remedies? A Discussion of Steenkamp & Others v Edcon LTD (2016) 37 ILJ 564 (CC)”

Industrial Law Journal

“The Right to Strike and Replacement Labour: South African Practice Viewed From an International Law Perspective”

Potchefstroom Electronic Law Journal

Van Eck, BPS

(with Nesumbori, E)

“Uber drivers: Sad to say, but no employees in SA”

Journal for Contemporary Roman-Dutch Law

Van Eck, BPS       (with Van Staden, M)

“ ‘Deemed’ to be an employee: Adopting the Teleological Interpretation of Statutes”

South African Mercantile Law Journal

“The Parties of the Employment Relationship: a Comparative Analysis”

Journal for the South African Law

Van Heerden, CM

“The importance of section 127 of the National Credit Act 34 of 2005”

Journal for Contemporary Roman-Dutch Law

Van Heerden, CM (with Steennot, R)

“Pre-agreement assessment as a responsible lending tool in South Africa, the EU and Belgium”

Potchefstroom Electronic Law Journal

Van Heerden, CM (with Uzokwe, HC)

“Consumer protection in the banking industry: A comparison of the South African and Nigerian codes of banking practice”

Journal for Contemporary Roman-Dutch Law

 

2017

 

Author

Title

Journal

Brits, R

“The National Credit Act’s remedies for reckless credit in the mortgage context”

Potchefstroom Electronic Law Journal

Cassim, F

“The doctrine of contemporaneous share ownership and aspects of locus standi in the new derivative action”

South African Law Journal

Church, J

“Aspects of the interface between the promotion of small and medium enterprises (SMEs) and statutory competition law”

Journal of Contemporary Roman Dutch Law

Fritz, C

“Third-party appointments by SARS – A look into the future”  

Journal of Contemporary Roman Dutch Law

Payment obligations of taxpayers pending dispute resolution: Approaches of South Africa and Nigeria

Nigeria ‘African Human Rights Law Journal

Nagel, CJ

“Operational aspects of the National Payment System Act 78 of 1998”

Journal of Contemporary Roman-Dutch Law

Papadopoulos, S

A Consumer's Case for Regulating Electronic Credit and Debit Transfers (EFTs)

South Africa International Journal of Private Law

Roestoff, M

“Rehabilitation of an insolvent and advantage to creditors under the insolvency Act 24 of 1936 Ex parte Purdon 2014 JDR 0115 (GNP)”

Journal of Contemporary Roman-Dutch Law

Van Eck, BPS and Kujinga BT

“Large-scale Operation Requirements Dismissals: How Effective Are the Remedies? A Discussion of Steenkamp & Others v Edcon LTD (2016) 37 ILJ 564 (CC)”

International Labour Journal

Van Heerden, CM

“The importance of section 127 of the National credit Act 34 of 2005” (2018)

Journal of Contemporary Roman-Dutch Law

“Pre-agreement assessment as a responsible lending tool in South Africa, the EU and Belgium” (Part 1) (Co-author Steennot)

Potchefstroom Electronic Law Journal

“Pre-agreement assessment as a responsible lending tool in South Africa, the EU and Belgium” (Part 2) (Co-author Steennot)

Potchefstroom Electronic Law Journal

 

2016

 

Author

Title

Journal

Barnard J

An appraisal of section 16 of the Consumer Protection Act 68 of 2008

Journal of Contemporary Roman-Dutch Law

Barnard J

The virtue of cooling-off rights to consumers: ‘be in the habit of choosing the mean’ – a comparative discussion with South Africa, the United Kingdom and Belgium

Comparative and International Law Journal of Southern Africa

Botha MM

Can the ultima ratio and proportionality principles possibly curb unprotected industrial action in South Africa?

Journal of Contemporary Roman-Dutch Law

Botha MM

Evaluating the social and ethics committee: Is labour the missing link

Journal of Contemporary Roman-Dutch Law

Brink GF

Farm Frites v International Trade Administration Commission Case 33264/14 GN

De Jure

Brits R

Right to receive vs right to appropriate proceeds of insurance policy ceded in securitatem debitiRetmil Financial Services (Pty) Ltd v Sanlam Life Insurance Company Ltd & others

SA Mercantile  Law Journal

Brits R & van Der Merwe CG

Security for loans granted to bodies corporate of sectional title schemes

Journal of Contemporary Roman-Dutch Law

Church J

Jerrier v Outsurance Insurance Company Limited (unreported case, no AR 4160/2010) [2015] ZAKZPHC 34 (7 July 2015): Duty of disclosure an ongoing problem: Revisited

De Jure

Coetzee

Is the unequal treatment of debtors in natural person insolvency law justifiable? – A South African exposition

Insolvency International Review

Delport PA & Esser IM

Shareholder protection philosophy in terms of the

Companies Act 71 of 2008

Journal of Contemporary Roman-Dutch Law

Gerber S

Reckless trading and building contracts

Journal of Contemporary Roman-Dutch Law

Gericke SB

The regulation of successive fixed-term employment in South Africa: lessons to be gleaned from foreign and international law

Journal of South African Law

Gericke SB & Grobbelaar-Du Plessis I

Persons with disabilities and the right to work and employment

De Jure

Fritz C

Customs searches - past, present and future

Journal for Juridical Science

Newaj K

The impact of dishonesty on employment: Edcon, prior and beyond

Journal of Contemporary Roman-Dutch Law

Lötz J

The Law of Purchase and Sale (2013) Annual Survey of SA Law

 

Nagel CJ

The Subdivision of Agricultural Land Act 70 of 1970, options to purchase and related matters

Journal of Contemporary Roman-Dutch Law

Nagel CJ & Pretorius JP

Mandate and the bank and customer relationship. DA Ungaro & Sons (Pty) Ltd v Absa Bank Ltd [2015] 4 All SA 783 (GJ)

Journal of Contemporary Roman-Dutch Law

Nagel CJ & Pretorius JP

Bank and customer relationship, combination of accounts and set-off

Journal of Contemporary Roman-Dutch Law

Papadopolous S & Naude A

Data protection in South Africa: The Protection of Personal Information Act 4 of 2013 in light of recent international developments (part 1

Journal of Contemporary Roman-Dutch Law

Papadopolous S & Naude A

Data protection in South Africa: The Protection of Personal Information Act 4 of 2013 in light of recent international developments (part 2)

Journal of Contemporary Roman-Dutch Law

Roestoff M

Enforcement of a credit agreement after breach of a debt-arrangement order and the ineffectiveness of debt review in terms of the National Credit Act; Ferris v Firstrand Bank Ltd 2014 3 SA 39 (CC)

De Jure

Roestoff M

Rehabilitasie in die Suid-Afrikaanse verbruikersinsolvensiereg: Internasionale tendense en riglyne

LitNet Akademies

Van Eck BPS & Esitang TG

Minority Trade Unions and the Amendments to the LRA: Reflections on Thresholds, Democracy and ILO Conventions

International Labour Journal

Van Eck BPS & Aletter C

Employment agencies: Are South Africa’s recent legislative amendments compliant with the International Labour Organisation’s standards?

South African Mercantile Law Journal

Van Heerden Cm & Brink GF

The Need for an International trade tribunal

South African Law Journal

Van Heerden CM & Beyers C

Dynamic affordability assessment in the context of the South African National Credit Act 34 of 2005

Journal of International Banking and Law Regulation

Van Heerden CM & O’Reilly W

Debt restructuring, partisan debt counsellors, costs and other important debt counselling issues. An appraisal of the legal position in view of Firstrand Bank v Barnard 2015 JDR 1614 (GP

Journal of Contemporary Roman-Dutch Law

Van Wyk J & Boraine A

Various aspects to consider with regard to special insolvency rules for small and medium-sized enterprises in South Africa

Insolvency International Review

 

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