Professor André Boraine

Position, academic and professional qualifications

Professor André Boraine commenced employment as a full-time senior lecturer in the Department of Mercantile Law at UP in 1985. With effect from 1 January 1995, he was promoted to the position of associate professor and to the rank of full professor on 1 January 1997. He became the Head of the Department of Procedural Law on 1 September 1999 and also served as part-time Deputy Dean of the Faculty from September 1999 to 2006.  He was the Head of the Department of Procedural Law from 1999 until the end of October 2011. He took up office as Dean of the Faculty of Law on 1 November 2011, with a second term appointment from 1 November 2015 to end October 2019.  Upon the conclusion of his deanship, he returned to the Department of Private Law and has been seconded to the Department of Mercantile Law as from 2021.

He is a member of the following professional bodies, namely as attorney a member of the Legal Practice Council of SA; honorary member of the South African Association for Rescue and Insolvency Practitioners (SARIPA); Insol International, the International Insolvency Institute (III) and the association for The International Exchange of Experiences on Insolvency Law (IEEI).

Boraine also serves on the Editorial Board of the International Insolvency Review and the Editorial Advisory Board of the Nottingham Insolvency and Business Law Journal.

He holds the degrees LLB (Pret) LLM cum laude (Wits) LLD (Pret). He is a B2-rated National Research Foundation (NRF) researcher.

Teaching activities

Over the years Professor Boraine has taught a variety of law subjects at both undergraduate and postgraduate levels, and involved himself with the practical legal training of candidate attorneys as well as insolvency practitioners.

Currently Professor Boraine teaches on the LLM in Insolvency law programme. He is also the course leader for practical training courses in Insolvency law and administration for SARIPA, as well as for LEAD, the training arm of the Legal Practice Council.

Some Representative publications

Articles

  • "Towards Codifying the Actio Pauliana" 1996 SA Merc LJ 213-232
  • “A Perspective on the Doctrine of Voidable Dispositions in South African Insolvency Law“ 2000 INSOL International Insolvency Law Review 65-90.
  • “Crossing Borders Into South African Insolvency Law: From the Roman-Dutch Jurists to the UNCITRAL Model Law” 2002 American Bankruptcy Institute Law Review 135-215. (Co-author with A Smith)
  • “Some thoughts on the reform of administration orders and related issues” 2003 (2) De Jure, 217-251.
  • “Considerations regarding a policy for the treatment of certain beneficiaries of life insurance policies in the law of insolvency” 2005 De Jure 266-294. (Co-author with R Evans)
  • “Reading procedure and substance into the basic right to security of tenure” 2006 De Jure pp 319 -352. (Co-author with C van Heerden)
  • “Policy considerations regarding exempt assets in insolvency: A South African-Canadian comparison” 2007 Annual Insolvency Law Review (Canada) pp 637–699 (Co-author with J Kruger and R Evans)
  • “The interaction between the debt relief measures in the National Credit Act 34 of 2005 and aspects of Insolvency Law” 2009 (3) PELJ pp 22–63 (Co-author with C van Heerden)
  • “Comparative notes on the operation of some avoidance provisions in a cross-border context” 2009 SA Merc LJ pp 435–469
  • “To sequestrate or not to sequestrate in view of the National Credit Act 34 of 2005: a tale of two judgments” – 2010 PELJ pp 84-124 (Co-author with C van Heerden)
  • “Some notable divergences in the development of South African and Namibian insolvency law” – 2010 Obiter pp 414-427
  • “The application of “repealed” sections of the Companies Act 61 of 1973 to liquidation proceedings of insolvent companies” 2013 De Jure, pp 644-683. (Co-author with J van Wyk)
  • “Revisiting the state of consumer insolvency in South Africa after twenty years: The Courts’ approach, international guidelines and an appeal for urgent law reform Part (1)” THRHR pp 351-374; Part (2)” THRHR pp 527-546. (Co-author with M Roestoff)
  • “Various Aspects to Consider with Regard to Special Insolvency Rules for Small and Medium-Sized Enterprises in South Africa” 2015 International Insolvency Review.  (Co-author with J van Wyk)
  • “Some procedural and related issues pertaining to insolvent trusts” – Published in a special peer reviewed Festschrift for Prof PA Delport (2019)
  • “Does the Prevention  of Illegal  Eviction  from  and Unlawful  Occupation  of  Land Act  of  1998  provide  adequate family  home  protection  to insolvent  debtors  or  is  it still  pie  in  the  sky?  2020 Obiter vol 2 Part 1; Part 2 upcoming vol 4 of 2020.

Technical Reports

  • Report on the Reform of Administration Orders in terms of s 74 of the Magistrates Courts Act, submitted to Department of Justice, the South African Law Commission and the South African Law Society (2002).
  • World Bank First Draft Report on South African Creditors Rights and Insolvency Law - World Bank ROSC assessment of South African Insolvency Law (2011) (Consultant to the World Bank)
  • World Bank Report on Namibian Creditors Rights and Insolvency Law -  World Bank ROSC assessment of Namibian Insolvency Law (2013) (Member of the World Bank Task Team)
  • Peer review report of the World Bank Draft Report on   Zimbabwean Creditors Rights and Insolvency Law -  World Bank ROSC assessment of Zimbabwean Insolvency Law (2015) (Acted as peer reviewer for the World Bank).

Books

  • Silberberg and Schoeman: The Law of Property, 3rd ed Butterworths (1992) (Co-author with D Kleyn)
  • Bill of Rights Handbook (2009 to 2015 updates) Insolvency law chapter Lexis-Nexis
  • Chapter in international book:  The World Bank Legal Review-Volume 5-Fostering Development through opportunity, Inclusion and Equity “The treatment of Insolvency of Natural Persons in South African Law: An Appeal for a balanced and integrated approach” (2014) (Co-author) World Bank publications (Co-Author with M Roestoff).
  • Meskin: Insolvency Law (LexisNexis, Loose leaf) (Co-author with J Kunst and D Burdette)
  • Fundamental Principles of Civil Procedure (LexisNexis) (Co-author, with C Theophilopoulos and C van Heerden et al).
  • South African Corporate Insolvency Law in Collier on International Business Insolvency Guide (USA) in volume 3 (by invitation) (2003 to date) (Co-author with A Smith).

Areas of specialisation

His current research interests include insolvency, in particular International insolvency law, as well as aspects of the Law of civil procedure, aspects of Property law and general legal practice. He has published widely, and regularly presents papers at local and foreign conferences.

Tel: +27 (0)12-420 2307
E-mail: [email protected]

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