Faculty of Law
Prof A Boraine, Dean
Telephone number: 012 420 2142
E-mail address: Andre.boraine@up.ac.za
Message by the Dean
The Faculty of Law is committed to playing a significant role in legal research
in South Africa and in Africa. As a result of this commitment, various initiatives
are continuously considered to improve - in volume and in quality - the
Faculty's research outputs.
In 2011, 71 accredited journal publication units were produced. In addition,
four academic books, 10 chapters in three book collections, and four
conference proceedings were submitted to the Department of Education
for accreditation purposes. Faculty members presented papers at 20
conferences with international status and eight at national conferences
and/or seminars.
Innovative research was conducted on various important areas
of the law and the following are some of the highlights: The
Centre for Human Rights saw the publication of an important
peer-reviewed book entitled Prosecuting international crimes
in Africa, edited by two alumni of the LLM (Human Rights and
Democratisation in Africa) degree programme.
Two researchers in the Department of Jurisprudence respectively
published on the ethical and legal implications of post-mortem
sperm retrieval for the purposes of artificial insemination, and the
still highly relevant and important question of transformation,
restoration and reconciliation in post-apartheid South Africa.
Interesting and relevant articles were published by members
of the Department of Mercantile Law relating to proposals for
tax reform in order to promote South Africa as a gateway for
investment in Africa; the impact of labour law on aspects of the
newly introduced business rescue procedure and company law in general; and deficiencies in the new Companies Act of 2008
regarding offers of securities to the public. A researcher in the Department of Private Law levelled stringent criticism in a journal
publication and indicated that the Supreme Court of Appeal ignored crucial provisions of the Constitution, 1996, in holding that the
Minister of Safety and Security cannot be held vicariously liable in delict for the rape of a young woman by an off-duty policeman.
Members of the Department of Public Law wrote and/or contributed to three interesting new books relating to politocracy,
disability law in Africa and medical jurisprudence. Research was undertaken around the question of whether, in the light of its
constitutional recognition, proving the existence of customary law should not be dealt with in the same fashion as common law
- by way of judicial notice.
Prof Danny Bradlow, a member of the Centre for Human Rights (CHR) and the SARChI Professor of International Development
Law and African Economic Relations, served as the lead researcher for a study on the incorporation of international standards into
financial supervisory structures in Southern African Customs Union (SACU) member states. The International Development Law
Unit (IDLU) was also launched as a research unit in the CHR.
Researchers identified poverty as a new research focus area for the Faculty and in 2011 took the first steps to establish this as a
Faculty-wide research theme. The purpose of establishing this as a focus area is to consolidate and coordinate existing research on
the topic so as to ensure more depth in research and generate more scholarly outputs and postgraduate students. This focus lends
itself particularly well to collaboration with other faculties and disciplines.
The Faculty hosted a Winter School for postgraduate study and research, with the aim of developing not only generic research
skills, but also substantive knowledge to enhance more conceptual research.
In 2011, three members of staff (one being an extraordinary professor) applied for and received NRF ratings. They were
Prof Johan van der Vyver (A2), Prof Danny Bradlow (B1) and Dr Magnus Killander (Y2). Prof Steve Cornelius received the South
African Academy of Arts and Science Prize for the best journal article in a law journal. Dr Elzette Muller received the Norton Rose
Tax Award for the best doctoral thesis. Prof Piet Delport received the Tydskrif vir Hedendaagse Romeins-Hollandse Reg (THRHR)
prize for the best short contribution to this law journal. Prof Christof Heyns was accepted as a Fulbright Visiting Fellow at Harvard
Law School.
Centre for Human Rights
The Centre for Human Rights enjoys the status of an academic department and focuses its research on human rights law and the
rule of law in Africa. The Centre's International Development Law Unit is headed by Prof Danny Bradlow. It is the mission of the
Unit to conduct and promote policy-oriented legal research on international development law topics, with a particular emphasis
on the needs of Africa in general and southern Africa in particular.
Centre for Child Law
Apart from its strong and ground-breaking focus on children's rights litigation, the Centre for Child Law conducts research on this
important area of the law.
Centre for Intellectual Property Law
The Centre for Intellectual Property Law is located in the Department of Private Law. One of its aims is to promote and increase
research in the area of intellectual property law. The Centre became fully operational in 2011 with the appointment of two
extraordinary professors and the presentation of the first LLM modules in Intellectual Property Law, further strengthening this
Centre. This was an important step in enhancing the Faculty's research capacity in this important area of the law.
Centre for Advanced Corporate and Insolvency Law
The Centre for Advanced Corporate and Insolvency Law provides a platform for researchers to work in both these areas of law
since there is a strong link between certain aspects of these areas of commercial law. One of its research aims is to compile a
comparative law book on the insolvency law systems in Africa.
Centre for Sport and Entertainment Law
The Centre for Sport and Entertainment Law was transferred to the Faculty of Law and it busies itself, among other activities, with
research in these areas of the law.
Institute for International and Comparative Law in Africa
The Institute for International and Comparative Law in Africa (ICLA) is a research institute with the primary objective of enhancing
the internationalisation and the growth of the research outputs and postgraduate focus of the Faculty, while promoting the role
and the rule of law in Africa. It became fully operational in 2011, and it is envisaged that it will further strengthen the research
capacity of the Faculty in relation to its focus on Africa by way of collaborative research and also an increase in accredited
international publications.
Prof André Boraine
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