Pretoria Student Law Review 2021-15 
Editor in chief: Phenyo Nomasonto Morweši Sekati
ISSN: 1998-0280
Pages: 470
Print version: Available
Electronic version: Free PDF available


About the publication

I am delighted to present to you, the reader, the fifteenth edition of the Pretoria Student Law Review (PSLR) with its Special Section on ‘Social Justice and COVID-19’. This year’s Annual Edition, together with the developments made during the year, is a testament to the growth, resilience, and adaptability of this student-driven initiative especially during these turbulent times. This year has also been one of reflection and remembrance as we publish this edition in tribute to the late Professor Christof Heyns whose instrumentality in the establishment of the Pretoria University Law Press (PULP) has brought us to where we are today. Fourteen years since its inception and the PSLR still continues to grow and evolve whilst remaining true to its thriving legacy in fostering excellence and innovation through legal writing. This publication’s uniqueness is also presented through its diverse contributions all addressing contemporary societal and legal issues under a broad range of legal disciplines.

In an era of many continued ‘firsts’, the PSLR has strived to build on the legacy of its predecessors by expanding on the Journal’s visibility and accessibility. The PSLR’s digital presence has now grown substantially leading to an increase in quality submissions from institutions across the country. This year, the PSLR launched its first independent website and developed an official logo for the Journal and its online platforms. Authors are now able to submit their papers through the Open Journals System platform, track their workflow, manage their submissions, and submit at any time outside of the PSLR’s official call for submissions. We can firmly submit that we have, in pursuance of being a DHET accredited journal, fulfilled the standards set out by the Department of Higher Education and Training. Many thanks are extended to Makone Maja for developing the website. Your patience, guidance, and geniality are truly appreciated. Thank you also to Jakolien Strydom and ClickCreate for your charitable assistance in developing and designing the logo.
To the authors, this year has, in many respects, been challenging with many of those challenges affecting students directly. We appreciate the dedicated efforts put into your submissions and your wholehearted cooperation throughout the entire process. Much appreciation is also extended to the reviewers who have selflessly committed to assisting the PSLR during the peer-review process. To all of the reviewers, your input, guidance, and recommendations are greatly appreciated. 


Phenyo Nomasonto Morwesi Sekati

Table of Contents

Editor’s note
Phenyo Sekati

Guardian’s contribution: Social justice and COVID-19 in the ‘new’ South Africa: Invoking Ramosean meditations in pandemic times
Ilana le Roux

Special section: Social Justice and COVID-19

Racial epistemology at a time of a pandemic: A synopsis of South Africa’s persisting inequalities through the lens of ‘#feesmustfall’ and ‘#freedecolonisededucation’
Gudani Tshikota

Police and power in a pandemic: Reflections on the rise of police brutality during COVID-19 and its implications on social justice in South Africa
Mason du Plessis

COVID-19 and access to reproductive health rights for women in higher education institutions in South Africa
Thuli Zulu

The impact of COVID-19 on human rights: A critical analysis of the lawfulness of measures imposed by states during the pandemic under international law
Kyle Alex Cloete

Herd immunity or political power?
Samantha Smit

The defensibility of socio-economic rights in a state of disaster: A South African perspective
Ishmael Khayelihle Mbambo


The accessibility and effectiveness of South African civil lower courts
Llewelyn Curlewis & Delano Abdoll

The plight of refugees in South Africa
Abigail Emily Ashfield

An analysis of the applicable laws on the protection of traditional knowledge and cultural expressions in Namibia
Frieda Shifotoka

Future generations and the environment: A right to intergenerational equity under international law?
Felix R. Schroder

The impact of transformative constitutionalism in addressing the marginalisation of domestic workers in post-apartheid South Africa with specific reference to Mahlangu and Another v Minister of Labour and Others (Commission for Gender Equality and Another as Amici Curiae) [2020] JOL 48996 (CC) 196
Kherina Narotam

Balancing rights amidst social media scandals: How employers can deal with employees’ reputation-damaging and/or defamatory social media posts
Amy Pawson

Why decolonisation and not transformative constitutionalism
Ntando Sindane

Dismantling racial ontology: Constitutional abolitionism as a solution to South Africa’s anti-blackness and white supremacy
Gudani Tshikota

A critique of the available debt relief measures afforded to nina debtors in the wake of transformative constitutionalism and international trends
Zakariya Adam

The role of ubuntu in the law of contract
Pooja Pundit

A comparative analysis of the mandatory rule doctrine and its application in the South African Labour Court
Elisa Rinaldi

The imposition of common law in the interpretation and application of customary law and customary marriages
Celinhlanhla Magubane

Broken & unequal: The South African education system and the attainment of the right to basic education through litigation
Simon Mateus & Khalipha Shange

An overview of the regulation of cryptocurrency in South Africa
Zakariya Adam

School of court: The development of the right to basic education through litigation in South African courts
Abena Osei-Fofie & Nicholas Herd

Administrative justice and communal subsistence farming in foot- and-mouth disease control: The possible application of proportionality as a ground of review under the Promotion of Administrative Justice Act 3 of 2000
Lielie Viljoen & MP Fourie

Conservation crime and pangolin poaching: Tensions between customary use and conservation law
Nicola Irving



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