Pretoria Student Law Review 2022-16
Co-editors in chief: Adelaide R Chagopa & Marno Swart
ISSN: 1998-0280
Pages: 257
Print version: Available
Electronic version: Free PDF available


About the publication

It is our great honour to present to our readers the sixteenth edition of the Pretoria Student Law Review (PSLR) and its special section on ‘Law and Technology’. The PSLR is a journal published under the auspice of the Pretoria University Law Press (PULP), and we are proud to be a student-driven journal.

In recent years, the various editorial boards of the PSLR have frequently had to question our journal’s role, purpose and direction. This year was no different. In the process of continuously reevaluating ourselves and evolving to best cater to the demands of our readers and authors, certain aspects of the fibre of the PSLR have been distilled: First, we are a student-driven journal, providing a platform where early career academics, young practitioners and students alike may hone their writing skills and constructively express their views in a formal and high-quality journal. Of this characteristic we are immensely proud — we believe that the PSLR plays a vital role as one of only a handful of student-driven journals on the continent. Secondly, we are an African centred law journal — that is we are shaped, built and published within the context of Africa. We are proud to boast various contributions in this edition from around South Africa and Africa in this edition, including Ghana, Mauritius, Zimbabwe and Zambia. And thirdly, we are a generalist journal publishing on a wide variety of topics ensuring that any student may present their article to our publication for consideration.

As with any undertaking of this scale, this publication did not see the light without some difficulties. Chief among these was securing peer-reviewers to evaluate the contributions submitted to ensure our publication was of superior quality. It is a fact that academics at the University of Pretoria, and our neighbouring universities, were hardpressed in 2022. The return to contact teaching in the middle of the year and adapting to a post-COVID world has not been without its challenges. Like many others, this journal is built on a foundation of goodwill. With editors, peer-reviewers and technical teams working tirelessly to ensure this publication is made possible.

In 2022, the PSLR also set out to become a more prominent presence on campus, collaborating with the UP Legal Shebeen and offering a writing workshop for students. These are collaborations that we hope to build upon to ensure that all law students benefit from the creative, knowledge-generating platform the PSLR presents. We hope that the future editorial boards will continue to think about the role of the PSLR and strive to ensure that we remain an evolving and relevant platform where students can express their thoughts, develop their writing abilities, and learn to present arguments in a logical, well-structured and authoritative manner. We also hope that future editorial boards will learn from our triumphs and mistakes and maintain the fibre of the PSLR.

The publication and success of this journal are not ours but that of a whole community of people, and we would like to extend our sincere thanks to them:
To our authors for their ideas, hard work and bravery. We realise how daunting it is to submit your work — of which you are so proud — to be scrutinised and criticised. Without your contributions, dedication and zeal, we would have no journals, no ideas, and no progress. Continue to write, and allow yourselves to be proud of this fine achievement.

To the peer-reviewers without whom we could not ensure the quality of this work. Thank you for taking the time to give back, cultivate young minds and ensure this edition’s excellence. We value your contributions immensely.

To the editors of this edition, Andiswa Kibi, Dr Shelton Mota Makore, Elmé Ravenscroft, Eric Geldenhuys, Kherina Narotam, Nomthandazo Mahlangu, Tendai Mikioni, Thuli Zulu, Tumelo Modiselle and Zakariya Adam, we hope that you enjoyed this year as much as we did. We hope the experience enriched you and thank you for your hard work and dedication.

To our guardian, Ilana le Roux, for her unwavering support, wisdom, advice and caring. We are immensely grateful for your invaluable input and marvel at your dedication to our cause. Our deepest thanks, Ilana.

We would like to thank the Faculty of Law, University of Pretoria, the Office of the Dean and PULP for providing the support to ensure that this publication is possible. We would like to thank our Dean, Prof. Elsabé Schoeman and Deputy-Dean, Prof. Charles Maimela, for their assistance. A special word of thanks is also due to Lizette Hermann from PULP for fine-tuning this journal and for overseeing the process with us. We would be lost without her.

Our deepest thanks to all of our loved ones, the people who support us and make this world a place worth living.

We hope that you will enjoy this edition of the PSLR, and may the journal continue to thrive!
Adelaide R Chagopa & Marno Swart

Table of Contents

Editors’ note  
by Adelaide R Chagopa & Marno Swart

Guardian’s reflection: The PSLR as a site for thinking about community ethics in the University  
by Ilana le Roux

Special Section: Law and Technology

A critical discourse on the relationship between science, technology, innovation, and intellectual property in Africa  
by Ntando Sindane

Police body-worn cameras: A fourth industrial revolution demand for South Africa?  
by Dr Llewelyn Curlewis & Thabang Sepuru

A proposed liability regime for autonomous vehicles in instances of personal liability and death  
by Arno Erasmus

A case for persons with disabilities: Using digital courts to promote the right to access to justice and the rule of law 
by Zahra Hosaneea

Win-win or win lose? An examination of china’s supply of mass surveillance technologies in exchange for African’s facial ids  
by Sumaya Nur Hussein

General Section

Realising the right to development in Ghana through its Parliament  
by Clement Agyemang

The appraisal of the ‘market overt’ Principle vis-à-vis sale of goods in Zambia: A comparative study of Nigerian and South African commercial law 
by Mainess Goma

The taxation of image rights in South Africa: Validity of tax minimisation schemes  
by Leandri Kapp & Carolina Meyer

The China-Africa Joint Arbitration Centre (CAJAC)  
by Prince Kanokanga

What is in a surname? An enquiry into the unauthorised name changes of married women  
by Odirile Matladi

The development of a Western-centric notion of modernity and the inclusive reconstruction thereof according to the TWAIL principles 
by Makumya M’membe

A rights-based approach to development: The link between human rights and development 
by Khothalang Moseli

Moving beyond the abyssal line: The possibility of epistemic justice in the ‘post’-apartheid constitutionalism  
by Lilandi Niemand

An exploration of justice: Ideal and non-ideal theory perspectives on the Constitution  
by Tabazi Ntsaluba



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