Pretoria Student Law Review 2016 - 10
Editor: Cara Furniss
ISSN: 1998-0280
Pages: 184
Print version: Available
Electronic version: Free PDF available


About the publication

It is with great joy that I, along with the editorial committee, present to you, reader, the 2016 Pretoria Student Law Review. I believe it is only fitting that the tenth edition is one that portrays, very clearly, a new chapter in the life of this student publication.

This year has not only been a challenging one for students, staff and parents but also for the citizens of South Africa as a whole. It is thus with even greater pleasure that we offer our humble contribution to legal academia. As the editorial board we are extremely proud of successfully completing this most important tenth edition in such tumultuous times.

Many challenges have both been overcome and discovered in this year’s exciting journey of creating this publication. Every year experiences different authors with varied contributions and themes but this tenth edition is one which illustrates a certain gusto and determination on the part of those who worked towards its completion. With that said, I would like to thank the authors for their submissions and tireless effort to meet (often exceedingly pressed) deadlines. My thanks also goes to the artist for this edition, Marijke Benade and Lizette Hermann for her support during this particularly unique time; Prof Anton Kok & Prof Andre Boraine, for their support in various ways and on short notice. But of course, thank you to the editorial team of 2016. Abel Maluleka, Abrie van der Merwe, Carin Cross, Daniel Badenhorst, Larisse Prinsen and Roxanne Gilbert; without your willingness to assist, there would be nothing between these pages. Thank you to Sarah Burford, in particular, who is not only part of the editorial team but who greatly assisted me with concluding edits and proofreading.

This year’s edition includes a diverse range of articles. Some are close to home while others grapple with issues abroad. From feminism & queer theory, to child rights, sports law, free higher education, and of course, the language debate, our authors have ensured that every reader will find something to both challenge and broaden their minds.

I do hope that you enjoy this precious bundle of what the students at the Faculty of Law, University of Pretoria, have to offer.

Editor in chief: Cara Furniss

Editors: Daniel Badenhorst, Sarah Burford, Carin Cross, Roxanne Gilbert, Abel Maluleka, Larisse Prinsen & Abrie van der Merwe

Table of Contents

  • Editors’ note
    Cara Furniss
  • From the Dean’s desk
    Andre Boraine
  • The application of labour law to religious leaders in South Africa
    Devon-Lee Andriés
  • ‘Bridging the gap’: appraisal of the factors that limit and impede the realisation of the right to work of refuges and asylum seekers
    Stephen Baidoo
  • A critical analysis on the law’s ability to eradicate racism in (post) Apartheid South Africa
    Akhona Boloko
  • Queer women of colour: the intersection of culture and identity
    Nosipo Goba
  • The legitimacy of the phenomenon of the escalation of commercial rights protection for sports mega-events through the means of sui generis laws and the development of ‘association rights’ to these mega events
    Primrose E.R. Kurasha
  • Universal education: ‘a dream deferred’?
    Olwethu Mhaga
  • The African transformative notion of ubuntu and the endurance of the Roman quasi-contract of negotiorum gestio within the South African Constitutional dispensation
    Mpho Mogadime
  • Positioning race at the centre of legal discourse in post-Apartheid South Africa: dissecting Cliff v Electronic Media (Pty) Ltd and the land reform crisis
    Nonhlelo Nhleko
  • Intolerable acts: an analysis of the law relating to online child pornography in Uganda
    Rukundo Solomon
  • Implementable policy considerations in the advancement of official indigenous African languages as mediums of instruction at institutions of higher education
    Marko Svicevic
  • In light of ‘Nkandla’, what is the role of the public protector in upholding the rule of law in South Africa?
    Aadelah Shaik Yakoob



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