Pretoria Student Law Review 2019-13
Editor in chief: Primrose Egnetor Ruvarashe Kurasha
Editors: Thato Petrus Maruapula, Mzwandile Ngidi & Frieda Shifotoka

ISSN: 1998-0280
Pages: 243
Print version: Available
Electronic version: Free PDF available


About the publication

Honoured to be the first black Editor-in-Chief of the University of Pretoria’s Law Review, an annual publication which is the pride of the best law faculty in Africa (according to the Times Higher Education World University Rankings), I proudly present to you the 2019 edition of the Pretoria Student Law Review (PSLR).

As I reflect on how the 17 year old me decided to one day become the President of the Law Review of ‘whichever’ tertiary institution I found myself at, after having been inspired by the first black Harvard Law Review President, President Barack Obama, who was appointed as such a year before my birth, I stand amazed at how inspiration and vision are literally a foretaste of a future God would have predestined for one, in this case mine.

With a vision to create a boldly outlined legacy for the PSLR, I spearheaded the setting up of systems that would last the lifespan of the PSLR, with my main focus as Editor-in-chief being on branding and operations. I am proud to announce that as the PSLR we now have our official email address; website; annual calendar; set dates for the publishing of our annual ‘Call for Submissions’ and annual ‘Call for Applications’ for the PSLR Editorial Board; official communication templates used for correspondence with our stakeholders namely, the Reviewers, the authors, the Editors and the public at large; sound disciplinary procedures and a significant social media presence. A consistent teammate in bringing this to fruition was Dr Gustav Muller, in his capacity as the PSLR Guardian.

Building on last year’s legacy, for the first time in its history, the PSLR used the same cover consecutively in different years, namely 2018 & 2019. It is at this juncture that I would like to acknowledge vi and thank my predecessor, Mr Jürgen Zwecker, for the legacy he created for the PSLR, specifically in terms of its image and the foundation he laid for its branding. A legacy I have only been too glad to build upon and continue. To our photography genius Adebayo Okeowo, thank you very much for your exceptional cover art. Our conference calls between New York and Pretoria, with an emphasis on the different time zones which we managed remarkably well, yielded fruit.

Having thoroughly read each article and footnote in this edition, dotted every ‘i’ dotted and crossed every ‘t’, I cannot help but marvel at the culture of robust debate, research and relentless fact-finding cementing and holding together the identity of the University of Pretoria’s Law faculty. The sharp legal minds it has moulded, may they forever be emblematic of the excellence, critical thinking and fruits of pluralism, cultural integration and transformation, which not only define the faculty but which will further entrench its spot on the world map. This PSLR edition also brags of articles from sister institutions and other African countries, as has been the case with previous editions.

It would be out of character for me not to acknowledge my exceptional team of Editors who committed to making this a quality publication, backing and forthing with the authors and reviewers. Thank you Thato Maruapula, Mzwandile Ngidi and Frieda Shifotoka! To the reviewers, your adjudication laid the foundation for this year’s PSLR edition and we are grateful to you, especially for doing so gratuitously. To the authors, you have started your publishing career on a remarkable note. To Lizette Hermann and Elzet Hurter, your dedication to the PSLR for over a decade, has us as the Editorial Board and the Law Faculty forever indebted.

To the renowned philosopher and theologian hailing from Georgetown University and New York University, who introduced me to publishing, my dear father Prof Jemison Kurasha, ndinotenda Mukanya (thank you Dad, father of the clan). To my exceptional mentor and late mother, the first female Pro-Vice Chancellor and Vice Chancellor in Zimbabwe, a world renowned academic and diplomat par excellence, you were wise and diligent enough to build a legacy which has outlived you Prof Primrose Kurasha, all by the grace of God. My dear sister, best friend and Economist of note, Flora M.N. Kurasha, your knees keep me standing.

Dear reader, enjoy the read!

Primrose Egnetor Ruvarashe Kurasha

Table of Contents

Editors’ note: Legacy

by Primrose Egnetor Ruvarashe Kurasha
Note on contributions

Restoring electricity use with the spoliation remedy: A critical comment on Eskom Holdings Soc Ltd v Masinda

by Gustav Muller

Prescription: The present interpretation of extinctive prescription and the acquisition of real rights

by Celinhlanhla Magubane

To be black and alive: A study of the inherent racism in the tertiary education system in post-1994 South Africa

by Chelsea L. Swanepoel

Through thick and thin: From the regulation of queerness to queer theory as decolonisation

by DJ van Wyk

The easy way out? Constitutional avoidance and its impact on human right enforcement in Botswana

by Kago K.Y. Boiki

Looking to literature for transformation

by Kayla Thomas

A discussion of intellectual history, jurisprudential theories and feminism in the eradication of epistemic violence in South Africa

by Kiasha Pilla

Abstract v substantive-equality — A critical race theory analysis of ‘hate speech’ as considered in the SAHRC-Report on utterances made by Julius Malema

by Kyle Grootboom

A critical race feminist reading of the South African property law


by Laetitia Makombe

Should the flag fit, or must we acquit?

by Nicholas Herd

The impact of the 4th Industrial Revolution on the employment relationship and adaptive skills requirements

by Odirile Sepeng

The role of law and governance in advancing climate resilience and climate justice

by Otitoola Olufolajimi
Case note:

Stepping in the right direction towards fully realising the constitutional promise of Section 29(1)(a) of the Constitution
Federation of Governing Bodies for South African Schools (FEDSAS) v Member of the Executive Council for Education, Gauteng and Another 2016 (4) SA 546 (CC)

by Philile Shandu

The feminist agenda, a fall of hierarchal redress or an attempt to establishing an ‘equal’ society gone wrong: An internal critique to feminist theories

by Simon Motshweni

Subaltern responses to epistemic violence; the legacy of colonialism

by Siwelile S. Mkhwanazi



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