Pretoria Student Law Review 2018-12
Editor in chief: Jurgen Zwecker
Editors: Primrose E.R. Kurasha, Agnes Matasane, Vaughn Rajah, Kirstin Swanepoel
2018
ISSN: 1998-0280
Pages: 243
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 the reader, the 2018 Pretoria Student Law Review. In the past twelve years, the journal has gone from strength to strength and nowhere is this more evident than in this year’s edition. We have received more submissions and published more articles than previous years. We have expanded the reach of the journal by including authors from not only outside UP but also outside the borders of South Africa.
Fittingly, the wide range of articles in this year’s edition are topical, engaging and critical of the law. Most importantly, the articles spark conversation. If this is the quality of writing that Africa as a continent can produce, we as law students, young scholars and future legal practitioners can only reach new heights. I am proud of the work that the authors have put into their articles, but especially I am proud of the editorial committee and the work they have done to ensure that the PSLR delivers quality articles. The role of an editor is difficult, time consuming and often thankless and therefore I would like to thank the 2018 editorial committee – Primrose E.R. Kurasha, Agnes Matasane, Vaughn Rajah and Kirstin Swanepoel. Without your hard work and dedication to this journal, nothing would have been possible, it has been a privilege to work with all of you.
Furthermore, I would like to thank Prof Karin van Marle for her guiding hand that shepherded us throughout the highs and lows of this year. To Lizette Hermann, thank you for your dedication to the PSLR. About the cover, I would like to thank Adebayo Okeowo for his submission. The cover and back page compliment the Year of the Women as celebrated throughout the year by the Law Faculty and UP Law House in particular.
Turning to the future, it is with pride that I can say that I leave the PSLR in the custody of strong hands and even sharper minds. To you future author, I implore you to continue writing. To you the reader I say expand your mind, question all that is in front of you — for this is the only way we, as scholars, grow.
Jurgen Zwecker
Managing editor
2018
Table of Contents
- Editors’ note
By Jurgen Zwecker - Precarious life, judgement and a story of a stork
By Prof Karin van Marle - Towards an ethically organic jurisprudence: A paradigmatic re-imagining of South African constitutionalism
By Louis G. Hennop - The cogitation of the value of epistemic diversity in South African jurisprudence, as influenced by the project of intellectual history: Lessons from Rhodes must fall — ‘All “Rhodes” lead to the colonisation of the mind’
By Tshepo K. Twala - ‘War is not always violent and violence is not always war’ — An anecdote on how language and ultimately the law is used to perpetuate epistemic violence in South Africa
By Thato Maruapula - Exposing the true argument, a student’s response to Willem Gravett: ‘pericles should learn to fix a leaky pipe’
By Antonie Klopper - Blind justice: An analysis of the impact of the symbolic lady justice in adjudication
By Mpho Mogadime - Towards land restitution through an African perspective on justice: A critical analysis of land reform and the role of re-imagination
By Mathabo Mohwaduba - Rethinking socio-economic rights in the South African constitutional framework from the perspective of human agency: Reflections of a law student
By Vuso Mhlanga - Towards a sexually free South Africa: A feminist and constitutional defence in favour of legalising prostitution through the right to bodily integrity
By Thabang Manamela - Lobola culture and the equality of women in Zimbabwe
By Priccilar Vengesayi - Damages for adultery: A legal misfit or a necessity?
By Shantel E. Ndebele - Understanding the beast of sexual harassment in the workplace
By Muano Nemavhidi - Youth unemployment: What role can corporate social responsibility play in curbing this social ill in Swaziland (Eswatini) and South Africa
By Simangele D. Mavundla - Developing the substance over form doctrine in taxation after the judgement in Commissioner for The South African Revenue Service v NWK
By Johan Coertze - A constitutional democracy should provide for the legalisation of organ trading
By Bianca Murray - The cost aspect of medical expert witnesses and the possible introduction of a medical expert witness panel in South Africa
By Emma Tratschler