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Head of Department

Qualifications: B Iuris, LLB, LLM Cum Laude (UFS), LLM (Cambridge), Advocate of the High Court of SA
Position: Head of Department and Associate Professor
Tel: 021 959 3294
Email: mwandrag@uwc.ac.za

Biography: 

Riekie is a member of the Mercantile and Labour Law Department at the University of the Western Cape, where she specialises in Corporate Law and International Trade, Business and Investment Law. Her main research interest is Foreign Investment Law and Regulation. She recently presented papers and published particularly in the area of Investment Regulation and Investor-State Dispute Settlement, as well as aspects of corporate law, including insider trading regulation, and corporate governance, with specific emphasis on the governance of State Owned Companies. Previous publications and papers included aspects of the harmonisation of contract law and the link between investment regulation and climate change.

Riekie has served as supervisor and co-supervisor for numerous LLM Mini-theses, full theses and Doctorates. She has also examined the same both at UWC and various other  Universities. She is the coordinator of the LLM Programme in International Trade, Business and Investment Law and the Annual Howard University Summer School Programme at UWC.  She is Editor -in-Chief of the accredited academic journal Law, Democracy and Development.


Publications:

  • "The Removal of the Distinction between Private and Public Companies" Parts 1 and 2 September and October 1992 Accountancy SA
  • Henning, JJ & Wandrag, MS "Herkoms van die Private Maatskappy en oorsig van die huidige posisie in enkele regstelsels"(Origins of the Private Company and its current position in comparative jurisdictions)  1993 De Jure
  • "The Removal of the Distinction between Private and Public Companies in SA law: A Historical analysis"  Tran CBL 28 (1997)
  • Henning and Wandrag: “Types of companies and financial disclosure in the European Union” 181 Journal  for Juridical Science (1997) 1 181
  • Henning and Wandrag: “Limited companies and limited partnerships in English Law: A historical watershed” Journal for Juridical Science (1997) 2  150
  • “The constitutional and national law regulation of local government’s borrowing powers” LDD  November 1997  263
  • E Snyman en MS Wandrag: "Inleidende aantekeninge oor die transnasionale onderneming in die internasionale reg" 1998 Journal for Juridical Science Vol 23 No 1 Junie/June p207-223. (Introductory notes on the transnational business enterprise in the international law).
  • MS Wandrag en E Snyman: "Die Multilaterale Beleggingsooreenkoms (MAI): ‘n kruispad vir internasionale beleggingsregulering"  Journal for Juridical Science  Vol 26 (2) 2001 pp 78-91  (The Multilateral Agreement on Investment: A crossroad for regulations of international investments)
  • “The quest for Financial Discipline at Local Government level: The Regulation of Municipal Borrowing and Financial Emergencies” Law Democracy and Development  Vol 7 (2) 2003 pp 243-268
  • “SACU-US FTA: Investment Issues”  Unlocking the SACU-US Free Trade Agreement. ‘in Draper P and Khumalo N ‘One Size doesn’t Fit All-Deal breaker Issues in the Failed US-SACU Free Trade Negotiations’ SAIIA 2007.
  • Cariforum EPA and beyond: Market access for FDI and Rules on Investment: Conclusions and Policy Options for ongoing EPA negotiations in Southern Africa. Commissioned peer reviewed research for Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH. Published  2008 at http://www.gtz.de/en/themen/laendliche-entwicklung/24568.htm
  • “Unification of  the Southern African Contract Law” European Journal of Law Reform 2011 (13) 3-4 pp 450 -460
  • “Governance of state-owned companies” Chapter 29 in Company Secretarial Practice (Juta) 2017, and 2018 update”
  • “The legal framework for the appointment and dismissal of SOE board members” 4 April 2019, DOI, https://dullahomarinstitute.org.za/women-and-democracy/board-members-of-state-owned-enterprises-towards-transparent-appointments/reports/wandrag_legal_framework_v4-1-3-for-electronic-use-1.pdf
  • “The legal framework governing the appointment and dismissal of board members and executives of ESKOM, Prasa and the SABC”,  4 July 2019 DOI, https://dullahomarinstitute.org.za/women-and-democracy/board-members-of-state-owned-enterprises-towards-transparent-appointments/reports/wandrag_legal_framework_paper_2_revision_4_04_07_2019.pdf

Academic Staff



Position: Head of Department / Associate Professor
Tel: 021 959 3294
Email: mwandrag@uwc.ac.za

Qualifications:
B Iur, LLB,
LLM Cum Laude (UFS)
LLM (Cambridge)

Biography: 

Riekie is a member of the Mercantile and Labour Law Department at the University of the Western Cape, where she specialises in Corporate Law and International Trade, Business and Investment Law. Her main research interest is Foreign Investment Law and Regulation. She recently presented papers and published particularly in the area of Investment Regulation and Investor-State Dispute Settlement, as well as aspects of corporate law, including insider trading regulation, and corporate governance, with specific emphasis on the governance of State Owned Companies. Previous publications and papers included aspects of the harmonisation of contract law and the link between investment regulation and climate change.

Riekie has served as supervisor and co-supervisor for numerous LLM Mini-theses, full theses and Doctorates. She has also examined the same both at UWC and various other  Universities. She is the coordinator of the LLM Programme in International Trade, Business and Investment Law and the Annual Howard University Summer School Programme at UWC.  She is Editor -in-Chief of the accredited academic journal Law, Democracy and Development.


Publications:

  • "The Removal of the Distinction between Private and Public Companies" Parts 1 and 2 September and October 1992 Accountancy SA
  • Henning, JJ & Wandrag, MS "Herkoms van die Private Maatskappy en oorsig van die huidige posisie in enkele regstelsels"(Origins of the Private Company and its current position in comparative jurisdictions)  1993 De Jure
  • "The Removal of the Distinction between Private and Public Companies in SA law: A Historical analysis"  Tran CBL 28 (1997)
  • Henning and Wandrag: “Types of companies and financial disclosure in the European Union” 181 Journal  for Juridical Science (1997) 1 181
  • Henning and Wandrag: “Limited companies and limited partnerships in English Law: A historical watershed” Journal for Juridical Science (1997) 2  150
  • “The constitutional and national law regulation of local government’s borrowing powers” LDD  November 1997  263
  • E Snyman en MS Wandrag: "Inleidende aantekeninge oor die transnasionale onderneming in die internasionale reg" 1998 Journal for Juridical Science Vol 23 No 1 Junie/June p207-223. (Introductory notes on the transnational business enterprise in the international law).
  • MS Wandrag en E Snyman: "Die Multilaterale Beleggingsooreenkoms (MAI): ‘n kruispad vir internasionale beleggingsregulering"  Journal for Juridical Science  Vol 26 (2) 2001 pp 78-91  (The Multilateral Agreement on Investment: A crossroad for regulations of international investments)
  • “The quest for Financial Discipline at Local Government level: The Regulation of Municipal Borrowing and Financial Emergencies” Law Democracy and Development  Vol 7 (2) 2003 pp 243-268
  • “SACU-US FTA: Investment Issues”  Unlocking the SACU-US Free Trade Agreement. ‘in Draper P and Khumalo N ‘One Size doesn’t Fit All-Deal breaker Issues in the Failed US-SACU Free Trade Negotiations’ SAIIA 2007.
  • Cariforum EPA and beyond: Market access for FDI and Rules on Investment: Conclusions and Policy Options for ongoing EPA negotiations in Southern Africa. Commissioned peer reviewed research for Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH. Published  2008 at http://www.gtz.de/en/themen/laendliche-entwicklung/24568.htm
  • “Unification of  the Southern African Contract Law” European Journal of Law Reform 2011 (13) 3-4 pp 450 -460
  • “Governance of state-owned companies” Chapter 29 in Company Secretarial Practice (Juta) 2017, and 2018 update”
  • “The legal framework for the appointment and dismissal of SOE board members” 4 April 2019, DOI, https://dullahomarinstitute.org.za/women-and-democracy/board-members-of-state-owned-enterprises-towards-transparent-appointments/reports/wandrag_legal_framework_v4-1-3-for-electronic-use-1.pdf
  • “The legal framework governing the appointment and dismissal of board members and executives of ESKOM, Prasa and the SABC”,  4 July 2019 DOI, https://dullahomarinstitute.org.za/women-and-democracy/board-members-of-state-owned-enterprises-towards-transparent-appointments/reports/wandrag_legal_framework_paper_2_revision_4_04_07_2019.pdf



Position: Associate Professor 
Tel: +27 (0)21 959 3297
Email: bmupangavanhu@uwc.ac.za

Qualifications:
PhD: Commercial Law (UCT);
LL.M: Environmental Law (Natal/UKZN);
LL.B (UFH); PG Certificate in Legal Practice (UCT);
Towards Professionalization of Teaching & Learning Certificate (UWC);
Program for Academic & Professional Leaders (P4APL) Certificate (UWC)

Biography: 

Dr. Brighton M Mupangavanhu is a member of the Mercantile & Labour Law Department who joined the Law Faculty in 2014. He teaches commercial law subjects at LL.B, namely Corporate Law & Law of Payment Instruments (to become Commercial Transactions Law after 2020) and Company Law for B. Comm students. In addition to his academic qualifications, Dr. Mupangavanhu’s professional development/training is evidenced by a Legal Education and Development (LEAD) certificate from the Cape Town-based School for Legal Practice and a PG Certificate in Legal Practice (UCT). He also obtained a teaching and learning certificate for a course entitled Towards Professionalisation of Teaching & Learning in Higher Education (UWC). In 2019, Dr. Mupangavanhu graduated with a certificate in the Program for Academic and Professional Leaders course at UWC (2018-2019), aimed at enhancing leadership capabilities. Dr. Mupangavanhu specialises and conducts research in the following areas of interest: Corporate Governance & Finance Law; Banking and Financial Services Law; the interface between corporate law and other areas of law such as contract law, legal interpretation, constitutional law & intellectual property law. Dr. Mupangavanhu supervises and teaches postgraduate students at LL.M (Masters) and LL.D (Doctoral) levels primarily in the areas of corporate law and banking/financial services law. Scholarships held during his academic studies include: the Presidential Scholarship to study towards an LL.B degree; the Wilfred Kramer Grant and Law Faculty Special Scholarship – for doctoral studies at UCT. Dr. Mupangavanhu’s research work has attracted the interest of legal practitioners, academics and company boards as evidenced by several invitations to be a keynote speaker at conferences, invitations to address company boards on various corporate governance and corporate finance law matters and to offer on-boarding induction workshops by company boards in Cape Town and Johannesburg in particular, and also invitations to examine LL.M and PhD theses from South African and other African public universities as well as some private universities. Dr. Mupangavanhu’s individual accolades received to date include graduating with a number of distinctions at LL.B; being named best Constitutional Law student at LL.B level and top student in Constitutional Practice module during the LEAD course at the School for Legal Practice. He has held middle management positions within higher education prior to joining the Law Faculty as an academic in 2014. Dr. Mupangavanhu has presented several conference papers at various local & international conferences held in South Africa and at a regional conference in Namibia. In 2020, Dr. Mupangavanhu will be a visiting Research Fellow at the University of Cambridge in the UK, after he received the Beaufort (Colenso) Visiting Scholarship at the university’s St John’s College.

Publications:

  • Diminution’ In Share Value and Third-Party Claims For Pure Economic Loss: The Question Of Director Liability To Shareholders” (2019) SA MercLJ Vol 31 (1)  pp107 – 128;
  • Standard of conduct or standard of review? Examination of an African Business Judgment Rule under South Africa’s Companies Act 71 of 2008.” (2019) Journal of African Law Vol 63, Issue 1  pp127-150
  • Impact of the Constitution’s Normative Framework on the Interpretation of Provisions of the Companies Act 71 of 2008”  (2019) PELJ/PER Vol 22 ;
  • Fiduciary duty and duty of care under the Companies Act 2008 : does South African law insist on the two duties being kept separate?” Stellenbosch Law Review-January 2017 (Vol. 28 No.1  2017);
  • The lawfulness of an MOI clause that permits a company board to refuse transfer of shares without reasons: Analysis of Visser Sitrus (Pty) Ltd v Goede Hoop Sitrus (Pty) Ltd and Others 2014 (5) SA 179 (WCC)” Speculum Juris in 2018. Vol. 31 No.2 (2017) ISSN 2523-2177;
  • Evolving statutory derivative action principles in South Africa: Good faith criterion and a court’s discretion in granting leave to bring derivative action” to be published in 2020 in the Speculum Juris.
  • Yet another Missed Opportunity to develop the common law of contract? An analysis of Everfresh Market Virginia Pty (Ltd) v Shoprite Checkers Pty Ltd [2011] ZACC 30”; Speculum Juris – October 2013 (Vol. 1 2013);
  • Gcaba v The Minister of Safety and Security 2009 ZACC. Concurrent jurisdiction now settled law?” August 2012 Stellenbosch Law Review (Vol. 23 No.1  2012);
  • Alignment of student discipline administration and design with national law and constitutional imperatives in South Africa” Potchefstroom Electronic Law Journal in May 2011 (Vol.14 No.2  2011);
  • Commercial Statutory Interpretation - Contemporary Challenges and Opportunities for Improvement” Paper presented at the 2nd Seminar on Legal Interpretation on 22 November 2019, to be published as part of conference proceedings;
  • Corporate Financial Reporting Standards and Auditing Practice – A Critical Examination of Regulation in South Africa in Light of Recent Challenges” – A Paper developed for purposes of the NWU Colloquium on Corporate & Financial Markets Law held on 24 and 25 October 2019. Paper to be published in 2020 as a Special Issue in the Interdisciplinary Journal of Economics and Business Law (IJEBL) based at the UK’s University of Leicester;
  • New set-off rules and public policy considerations in a bank-customer relationship: National Credit Regulator v Standard Bank Ltd case of 2019” – Paper Presented at 6th Annual International Mercantile Law Conference on 6 November 2019.

Networks:



Position: Lecturer 
Tel: 021 959 3592
Email: ehuyseman@uwc.ac.za
 



Qualifications: B PROC (1993) LLB (1995) LLM (1997) LLD (2017)
Position: Associate Professor 
Tel: 021 959 3301/2
Email: fmoosa@uwc.ac.za

Biography: 

Prof Fareed Moosa is an Attorney, Arbitrator and Lecturer. His main area of teaching and research is taxation and tax administration with a focus on the niche area of taxpayers’ rights. He is a former Legal Advisor at the South African Revenue Service (1996-1997) and a former Head of the Department of Mercantile & Labour at the Faculty of Law, UWC (2018 – 2020). He is a member of the National Association of Democratic Lawyers (NADEL) and a former member of the executive of its Western Cape branch (2013-2019). 

Prof Moosa was awarded the Bisset Boehmke (1993) and van der Merwe Hofmeyr medals (1995). These were awarded to UWC’s most outstanding law student at undergraduate and postgraduate levels respectively. In 1997, he graduated with an LLM from UCT. His thesis was titled ‘The use of trusts as a vehicle for estate (tax) planning purposes’. In 2017, he graduated with an LLD from UWC. His thesis was titled ‘The 1996 Constitution and the Tax Administration Act 28 of 2011: Balancing efficient and effective tax administration with taxpayers’ rights’. 

In 2008, 2013 and 2018, successive Ministers of Finance appointed Prof Moosa on 5-year terms as a Chairperson of the Tax Board for the hearing of appeals in the Western Cape. In this capacity, he has adjudicated various taxpayer appeals against tax assessments. In 2017, Prof Moosa’s LLD thesis won 2nd prize in the doctoral category of the South African Tax Thesis competition. In 2019, he won the Best mid-career researcher award granted by UWC’s Deputy Vice Chancellor: Research & Innovation. In 2021, the National Research Foundation (NRF) recognised Prof Moosa as an established researcher and awarded him a C2 rating. 

As part of his community engagement, Prof Moosa has, from 2008 - 2019, served one day per week on a pro bono basis as an Acting Magistrate at Wynberg. From 2008-2013, he served in the District Courts (Civil and Criminal Division). From 2014 - 2019, he served in the Regional Court (Civil Division). For his pro bono work, in 2018, Prof Moosa was nominated for the award “Cape Attorney of the Year”. As part of his human rights work, Prof Moosa has presented arguments in various high-profile cases, including two at the Constitutional Court of South Africa. The most significant is reported sub nom Moosa NO and Others v Minister of Justice and Correctional Services and Others 2018 (5) SA 13 (CC) in which he was also the applicant. The court upheld the decision a quo reported as Moosa NO and Others v Harnaker and Others 2017 (6) SA 425 (WCC). In these cases, section 2C(1) of the Wills Act 7 of 1953 was declared unconstitutional on the grounds that it discriminated against Muslim women in polygamous marriages. In accordance with Prof Moosa’s arguments, the courts read certain words into section 2C(1) so as to remedy its discriminatory effects.

Publications:

Journal Articles Published (South Africa):
  1. “Tax Amnesty: An appraisal”, (1997), Tax Planning: Corporate and Personal, volume 11(1), pgs 21-24. 
  2. ‘Group inter-company transactions: Possible apportionment’ (1998), Tax Planning: Corporate and Personal, volume 12(1), pgs 17-21.
  3. ‘Loan swapping: Resulting interest deductible’ (1998), Tax Planning: Corporate and Personal, volume 12(3), pgs 63-68.
  4. ‘Borrowing from Peter to pay less to Paul: Tax planning with borrowed funds’ (1998), Juta’s Business Law Journal, volume 6(1), pgs 20-25.
  5. ‘Getting and spending for purposes of trade’ (1998), Juta’s Business Law Journal, volume 6(3), pgs 116-120 (co-authored with Adv G Omar).
  6. ‘Pre-production interest expenditure’ (1999), Tax Planning: Corporate and Personal, volume 13(2), pgs 39-43.
  7. ‘Capital Gains Tax: First reactions’ (2000), Tax Planning: Corporate and Personal, volume 14(2), pgs 87-93.
  8. ‘Landmark ruling in property law: Sayers v Khan’ (2001), De Rebus, November ed., pg57.
  9. ‘An interpretation of “non-disclosure of material facts” in section 79 of the Income Tax Act 58 of 1962” (2001), SA Mercantile Law Journal, volume 13(2), pgs 186-197.
  10. ‘Cessions – recent developments’ (2009), Tax Planning: Corporate and Personal, volume 23(4), pgs 74-77.
  11. ‘Cessions II – The Picardi Hotels judgment’ (2009), Tax Planning: Corporate and Personal, volume 23(5), pgs 112-114.
  12. ‘Cooling off – The Gowar Investments case analysed’ (2009), De Rebus, October ed., pgs 21-23.
  13. ‘Legal expenses – s11(c) deductions’ (2010), Tax Planning: Corporate and Personal, volume 24(6), pgs 129-130.
  14. ‘Legal expenses – The four provisos’ (2011), Tax Planning: Corporate and Personal, volume 25(1), pgs 7-8.
  15. ‘Deductibility of legal expenses III: The ITC 1837 judgment’ (2011), Tax Planning: Corporate and Personal, volume 25(2), pgs 1-3.
  16. ‘Undervaluation of fringe benefits: What are the consequences?’ (2011), Insurance and Tax Journal, volume 26(1), pgs 3-8.
  17. ‘Letters and Assessments: What is an income tax “assessment”?’ (2012), Tax Planning: Corporate and Personal, volume 26(2), pgs 32 – 34.
  18. ‘Rescission of a tax judgment’ (2012), De Rebus, April ed., pgs 30-32.
  19. ‘Paying a Small Claims Court judgment in instalments’ (2012), De Rebus, September ed., pgs 34-36.
  20. ‘Dismissing an action for want of prosecution’ (2012), De Rebus, December ed., pgs 30-32.
  21. ‘Tax deductibility of audit fees’ (2012), Insurance and Tax Journal, volume 27(1), pgs 1-8.
  22. ‘A warrantless search of “premises” under the Tax Administration Bill’ (2012), Insurance and Tax Journal, volume 27(2), pgs 3-9.
  23. ‘Interpreting a double taxation agreement’ (2012), Tax Planning: Corporate and Personal, volume 26, pgs 118-120.
  24. ‘CSARS v NWK Ltd: a tax planning sham(e)?’ (2012), Insurance and Tax Journal, volume 27(3), pgs 3-8.
  25. ‘The power to search and seize without a warrant under the Tax Administration Act’ (2012), SA Mercantile Law Journal, volume 24(3), pgs 338-345.
  26. ‘The scope of the expression “necessarily incurred” in section 18(1) of the Income Tax Act’, (2013), SA Mercantile Law Journal, volume 25(2), pgs 184-196. 
  27. ‘Section 18(1)(d) of the ITA: “in consequence of any physical impairment” unpacked’ (2013), Insurance and Tax Journal, volume 28(1), pgs 33-38.
  28. ‘Delictual damages – trust’s or transferor’s?’ (2013), Tax Planning: Corporate and Personal, volume 27, pgs 2-4.
  29. ‘Debts reaching beyond the grave: marriage, death and the National Credit Act’, (2013), De Rebus, July, pgs 26-29;
  30. ‘Non-existent plaintiff – dealing with misdescriptions in citations’ (2013), De Rebus, September ed., pgs 22-24.
  31. ‘Fulfilling human rights through taxation in South Africa’ (2017), Insurance and Tax Journal, volume 32(1), pgs 9-14.
  32. ‘Protecting democracy with sound tax policies and good tax administration strategies’ (2017), Insurance and Tax Journal, volume 32(2), pgs 3-10.
  33. ‘Withholding taxes as a demonstration of taxpayer discontent – an ubuntu inspired response’ (2017), Insurance and Tax Journal, volume 32(3), pgs 22-30.
  34. ‘Are taxpayer rights classifiable as human rights?’ (2017), Insurance and Tax Journal, volume 32(4), pgs 24-32.
  35. ‘To fulfil SARS’s mandate: Organisational structure & operational autonomy’ (2017), Tax Planning: Corporate and Personal, volume 31(6) pgs??.
  36. ‘Withdrawal of an admission in a Plea’ (2017), De Rebus, July ed., pg 24.
  37. ‘Taxation: Constitutionality of the Tax Administration Act 28 of 2011’ (2017), Stellenbosch Law Review, volume 28(3), pgs 638-656.
  38. ‘Renunciation of benefits from a Will: Who is a “spouse”?’ (2018), De Rebus, January/February ed., pgs 28-29.
  39. ‘Tax Administration Act: Fulfilling human rights through efficient and effective tax administration’ (2018), De Jure, volume 51(1), pgs 1-16.
  40. ‘Tax administration: to seize or not to seize taxpayers' property’ (2018), Insurance and Tax Journal, volume 33(1), pgs 32-44.
  41. ‘Constitutional issues impacting the disclosure of taxpayer eDNA information’ (2018), Insurance and Tax Journal, volume 33(3), pgs 13-22.
  42. ‘Value-conscious interpretation of taxing provisions using Ubuntu: An appropriate decolonised interpretive approach?’ (2018), SA Mercantile Law Journal, volume 30(1), pgs 71-90.
  43. ‘Are trusts holders of fundamental rights during tax administration by SARS?’ (2018), Stellenbosch Law Review, volume 29(3), pgs 453-470.
  44. ‘Warrantless inspections by SARS: limitation of taxpayers’ privacy?’ (2018), SA Mercantile Law Journal, volume 30(3), pgs 477-498.
  45. ‘Does the Tax Administration Act apply extraterritorially? – a constitutional perspective’ (2019), Insurance & Tax Journal, volume 34(2), pgs 14-19. 
  46. ‘Value-conscious tax administration by SARS’ (2019), Business, Tax & Company Law Quarterly, volume 10(1), pgs 1-10.
  47. ‘Applying Uniform r 23 into the landscape of tax litigation’, (2019), De Rebus, January/February ed., pgs 30-32.
  48. ‘Analysing and comparing warrantless tax inspections and searches’ (2019), Potchefstroom Electronic Law Journal, volume 22, pgs 1-33.
  49. ‘Taxation of partnerships: section 24H of the Income Tax Act analysed’ (2019), Insurance and Tax Journal, volume 34(1), pgs 15-22.
  50. ‘Cryptocurrencies: do they qualify as “gross income?”’ (2019), Journal for Juridical Science, volume 44(1), pgs 1-25.
  51. ‘Taxpayer insolvent estates: Constitutional juristic persons?’ (2019), South African Law Journal, volume 136(2), pgs 361-383.
  52. ‘Democratic principles underpinning tax administration in South Africa’ (2019), Business, Tax & Company Law Quarterly, volume 10(4), pgs 1-16.
  53. ‘Understanding ‘emergency monetary relief’ in the Domestic Violence Act’, (2020), De Rebus, March ed, pgs 15-17.
  54. ‘SARS’s application of the additional medical scheme fees tax credit: a rule of law violation?’ (2019), Journal of Corporate and Commercial Law & Practice, volume 5(2), pgs 57-78.
  55. ‘Does the Bill of Rights apply extraterritorially for tax administration purposes?’ (2020), Stellenbosch Law Review, volume 31(1), pgs 37-54.
  56. ‘The Tax Court’s power to “alter” an assessment: a violation of trias politica?’ (2020), Insurance and Tax Journal, volume 35(1), pgs 11-19.
  57. ‘Misappropriation of employees’ tax: is theft a competent charge?’ (2020), Journal of South African Law, pgs 241-258.
  58. ‘Covid-19 business interruption claims: Café Chameleon CC v Guardrisk Insurance Co Ltd analysed’ (2020), Insurance and Tax Journal, volume 35(3), pgs 5-11.
  59. ‘Consequences for non-payment of PAYE and VAT compared’ (2020), Potchefstroom Electronic Law Journal, volume 23, pgs 1-27.
  60. ‘Cryptocurrency e-wallets: is it ‘relevant material’ for tax administration purposes?’ (2020) Business, Tax & Company Law Quarterly, volume 11(3), pgs 21-28.
  61. ‘A deceased taxpayer: ‘juristic person’ for constitutional purposes?’ (2020) SA Mercantile Law Journal, volume 32(1), pgs 51-74.
  62. ‘Protecting taxpayer information from the Public Protector – a ‘just cause?’ (2020) Journal of Corporate and Commercial Law & Practice, volume 6(2), pgs 190-211.
  63. ‘Section 45 of the Tax Administration Act: an unconstitutional limitation on taxpayer privacy?’ (2021) South African Law Journal, volume 138(1), pgs 171-196.
  64. ‘Interpretation of wills – does the Endumeni case apply?’ (2021), Potchefstroom Electronic Law Journal, volume 24, pgs 1-30.
  65. ‘Analysis of legal professional privilege in the Tax Administration Act’ (2021), Journal of South African Law, pgs 294 – 310.
  66. ‘Citizenship by naturalisation: are regulations 3(2)(b) and (c) to the South African Citizenship Act 88 of 1995 invalid?’ (2021), Stellenbosch Law Review, volume 32(1), pgs 71-92.
  67. ‘Legal Privilege under s 42A of the Tax Administration Act analysed’ (2021), Business, Tax & Company Law Quarterly, volume 12(1), pgs 13-24.
  68. ‘A plea of double jeopardy by accused employers: are there limits?’ (2021), Obiter Law Journal, volume 42(2), pgs 394-405.
  69. ‘Warrantless search and seizure by SARS: a constitutional invasion of taxpayers’ privacy? – Part One’ (2021), Journal for Juridical Science, volume 46(1), pgs 91-113.
  70. ‘Does the Tax Administration Act recognise a tax practitioner-client privilege?’, (2021), Insurance & Tax Journal, volume 36(3), pgs 5-10.
  71. ‘Warrantless search and seizure by SARS: a constitutional invasion of taxpayers’ privacy? – Part Two’ (2021), Journal for Juridical Science, volume 46(2), pgs 1-25.
  72. ‘Is cryptocurrency “property” for tax administration purposes’ (2021), SA Merc LJ, volume 33(3), pgs 364-383.
  73. ‘Uniform Rule 43(6): a proposed test for determining “material change taking place in the circumstance of either party” (2022), African Law Review, volume 10(3), pgs 28-30.
  74. ‘Barnard Labuschagne Inc v SARS and Another: rescission of a “tax judgment”’ (2022), Insurance & Tax Journal, volume 37(2), pgs 33-39 (co-author with MM Pearson).
  75. ‘Combatting money-laundering through currency control: do Exchange Control Regulations 3(3) and 19(1) limit a traveller’s right to privacy”, (2022), TSAR, volume 4, pgs 672 – 688.
  76. ‘Taxation of legal costs: is a cost creditor shielded by legal professional privilege?’ (2022), South African Law Journal, volume 139(3), pgs 623 – 649.
  77. ‘Challenges faced by Attorneys: rights to appear in Superior Courts’, (2022), De Rebus, December ed, pgs 11 – 12.
  78. ‘Liability of persons assisting to dissipate taxpayers’ assets’, (2022), Insurance and Tax Journal, volume 37(4), pgs 5-9.
  79. ‘Taxation of litigation costs under Uniform Rule 70: Attorneys acting as counsel are entitled to equal reimbursement for equal work by advocates’, (2023), PELJ, volume 26, pgs 1-27.
  80. ‘Rule 43 and Muslim divorces: Can relief be granted if the marriage was dissolved by Sharia law?’, (2023), De Rebus, July ed, pgs 17-18.
  81. ‘A review of the new ADR process for resolving tax disputes with SARS’, (2023), TSAR, volume 4, pgs 660-680.
  82. ‘Protecting the public purse with moral tax administration’, (2023), Business, Tax & Company Law Quarterly, volume 14(3), pgs 23-29.
  83. ‘Tax treatment of cryptocurrencies: some lessons from foreign law’ (2023), Insurance and Tax Journal, volume 38(4), pgs 1-5.
Journal Articles Published (Foreign / International):
  1. ‘Knight or pawn?: The statutory role of the Tax Ombud’ (2016), STEP Journal, volume 24, pgs 78-79.
  2. ‘Will the Tax Ombud be an effective protector of taxpayers’ rights?’ (2017), Journal of Forensic, Legal & Investigative Sciences, volume 3(1), pgs 1-7.
  3. ‘A comparison between the modalities of interpreting tax legislation applied in South Africa and Australia’ (2018), Revenue Law Journal, volume 25(1), pgs 1-25.
  4. ‘Understanding the “spirit, purport and objects” of South Africa’s Bill of Rights’ (2018), Journal of Forensic, Legal & Investigative Sciences, volume 4(1), pgs 1-12.
Articles Approved for Forthcoming Publication:
  1. ‘Taxpayers’ rights in South Africa: effectively protected?’ (SA Tax Review)
  2. ‘The bridge between South Africa’s Constitution and taxation: a review of recent case law’ (Insurance & Tax Journal)
  3. 'A taxpayer's right to fair alternative dispute resolution' (Journal for Juridical Science)
  4. ‘“Fit and proper” judges and free speech: A critical reflection’ (Stell LR)
Research works currently in peer review process:
  • ‘Is the conception of marriage in section 2B of the Wills Act 7 of 1953 contra bonos mores?’ (CILSA)
Future research works / projects:
  • Article: ‘Customs Control: Constitutionality of section 15 of the Customs and Excise Act, 1964 and admissibility of evidence obtained thereunder through unconstitutional means’
  • Article: Security for costs of High Court appeal where leave given by SCA.
  • Article: SCA judgment re Irish tax structure – Coronation Growth (7/2/2023)
  • Article: SCA judgment re Medtronic (3/3/2023)  
  • CC judgment re Zuma tax affairs

Networks:

  • National Association of Democratic Lawyers (NADEL)



Position: Lecturer 
Tel: 021 959 3301
Email: jlvanderheede@uwc.ac.za

Qualification:
LLB (UWC),
LLM (UCT)



Position: Associate Professor 
Tel: 021 959 3321
Email: plenaghan@uwc.ac.za

Qualification:
BLC, LLB (UP),
LLM, LLD (UWC)

Biography:

Patricia is a member of the Mercantile and Labour Law Department at the University of the Western Cape, where she specialises in Regional Integration and International Trade Law. Her main research interest is the African Continental Free Trade Agreement and the role thereof in securing regional integration on the African Continent

Patricia has served as supervisor and co-supervisor for numerous LLM Mini-theses, full theses and Doctorates. She has also examined the same both at UWC and various other Universities.


 




Position: Senior Lecturer
Tel: 021 959 3592
Email: pndlovu@uwc.ac.za

Qualification:
LLD (UWC),
LLM (UWC),
LLB(UFH)

Biography: 

Research interests include:
  • Competition law and economics.
  • The regulation of international trade.
  • WTO trade in goods and services and related issues such as trade remedies, non-tariff barriers and trade facilitation.
  • Regional integration and African economic relations.
  • Global and regional economic institutions.
  • International development economics


Publications:

  • Monograph ‘Competition Law of South Africa’, Wolters Kluwer Publishers (2018) ISBN 978-90-411-3368-7.
  • “South African Trade: Too chicken to definitively challenge Brazilian poultry imports?” Discussion Paper, Consultancy Africa Intelligence, June 2013.
  • “The state of trade liberalization in goods in the SADC” SADC Law Journal Volume 2 (2012).
  • “Campbell v Republic of Zimbabwe: A moment of truth for the SADC Tribunal SADC Law Journal Volume 1 (2011).

Networks:

  • Research Associate at the Centre for Competition Law and Economics, University of Stellenbosch, South Africa.
  • University of Michigan African Presidential Scholar, University of Michigan, United States of America
  • Member of Administrative Justice Association of South Africa (ADJASA), South Africa.



Position: Associate Professor
Tel: 021 959 3305
Email: kmalherbe@uwc.ac.za

Qualification:
BA LLB (Stell),
LLM (Stell),
LLD (UWC),
 

Biography: 

Kitty Malherbe is an Associate Professor in the Department of Mercantile and Labour at the
University of the Western Cape. She teaches Labour Law and Social Security Law on undergraduate
and postgraduate level.  Her research focus is Social Security Law and she has published on the social
security rights of older persons, persons with disability, domestic workers and caregivers.


Publications:

  • “Retirement reform in South Africa: The influence of international social security standards and human rights instruments” (2013) 29 (1) The International Journal of Comparative Labour Law and Industrial Relations
  • “The expediency of including claims based on disablement caused by sexual harassment in South Africa’s system of workers’ compensation” (2016) 3 Stellenbosch Law Review 476 (with K Calitz)
  • “Dismissals in breach of the right to freedom of expression” (2016) 2 Revue de Droit comparé du Travail et de la Sécurité sociale
  • “The potential effect of the social grant ‘crisis’ on beneficiaries’ right of access to social security” (2017) 3 Revue de droit comparé du travail et de la sécurité sociale
  • “Somewhere Uber the Rainbow: Seeking new ways of regulating new forms of work in South Africa” (2018) 3 Revue de Droit comparé du Travail et de la Sécurité sociale
  • “Revolutionary change in technology’ must be translated into labour law” (2019) 4 Revue de Droit comparé du Travail et de la Sécurité sociale (with Darcy du Toit and Kgomotso Mokoena)
  • Completed LLD thesis on topic “Intergenerational solidarity and the provision of support and care to older persons”. Supervisor: Prof D du Toit (2010)

Networks:

  • SASLAW
  • ISLSSL



Position: Senior Lecturer
Tel: 021 959 2369
Email: tkondo@uwc.ac.za

Qualifications:
B.com, LLB, LLM, LLD (University of the Western Cape) 

Biography: 

Dr. Kondo is an Advocate of the High Court of South Africa and a senior lecturer in law at the University of the Western Cape. He teaches undergraduate courses in Competition Law and Insolvency Law as well as a post-graduate course in Information Communication Technology Law. His research interests are Competition Law, International Investment Law and International Human Rights Law. 

Publications:


Books
  • Kondo T The Governance of Foreign Direct Investment in Zimbabwe [2021, UWC Press, Cape Town] pgs. 1 – 282. ISBN 978-1-991201-08-9 (print) ISBN 978-1-991201-09-6 (e-book). E-book available at https://www.jstor.org/stable/j.ctv1nzfxk1. 
Book Chapters

- Published
  • Kondo T “Providing for the Unwanted in a Time of Crisis: The Socio-economic Rights of Migrants Workers in South Africa under the Covid-19 Pandemic” in Mavedzenge J Covid-19 and Socio-economic Rights in East and Southern Africa [2020, Juta, Cape Town, South Africa] pgs.  5 - 30. ISBN (print) 978 1 48513 766 5. Ebook available at http://www.dgru.uct.ac.za/sites/default/files/image_tool/images/103/covid%20book.pdf. 
  • Kondo T & Chihera T Competition Law in a State of National Disaster: The Case of South Africa’s Price Gouging Provisions in da Rocha CJ, Pepino FFM & Martins RL Legal Responses to the Coronavirus Pandemic [2020, Lex Magister, Porto Algere, Brazil] pgs. 77 - 89. ISBN 978-6588059-08-1. E-book available at www.amazon.com/LEGAL-RESPONSES-COVID-19-AROUND-WORLD-ebook/dp/B08Q3FYYQH. 
Accepted and forthcoming
  • Kondo T “A ‘Social Justice’ Movement in the Banking Industry? Banking, Competition and Financial Inclusion in South Africa” in Chitimira H & Warikandwa T Financial Inclusion and Digital Transformation in Selected Southern Africa Development Community Countries (2021).  To be published by Routledge. Accepted for publication.
  • Kondo T & Basson Y “’Economic Inclusion’ as a Precursor and Catalyst to “financial inclusion? A case study of the Gauteng Township Economic Draft Bill” in Chitimira H & Warikandwa T Financial Inclusion and Digital Transformation in Selected Southern Africa Development Community Countries (2021). To be published by Routledge. Accepted for publication.
  • Kondo T & Mbonderi B “Financial inclusion and the Socio-economic Transformation agenda in Africa: A Case Study of Zimbabwe and South Africa” in Chitimira H & Warikandwa T Financial Inclusion and Digital Transformation in Selected Southern Africa Development Community Countries (2021). Accepted for publication.
  • Kondo T “Women’s rights as a social justice imperative? An analysis of the interaction between women in Africa and foreign direct investment” in Maziwisa M & Durojaye E Handbook on Women, Business and Human Rights in Africa (2021). To be published by either Cambridge University Press, Sage, Palgrave Macmillan or Routledge. (submitted)

Journal Papers in Accredited Journals

- Published
Other Publications
  • Kondo T, Katsenga NN & Zvidzayi T ‘Cybercrime and Human Rights: A Case for the Due Process of Internet Criminals’ (2018) 6 Forensic Research and Criminology Journal 119 -122. 
  • Kondo T “Socio-economic Rights in Post-Mugabe Zimbabwe” (2018) 19 ESR Review: Economic and Social Rights in South Africa 2 – 5. 
  • Kondo T ‘Judicial Overreach in Protecting the Right to Access to Housing in South Africa: A Review of Fisher v Unlawful Occupiers, Erf 150, Phillipi’ (2018) 19 ESR Review: Economic and Social Rights in South Africa 14 – 18.
  • Kondo T & Katsenga NN ‘Testing the limits of the South African Constitution: An Analysis of Nkwane v Standard Bank and Others (2019) 20 ESR Review: Economic and Social Rights in South Africa 19 - 22



Position: Lecturer
Tel: 021 959 2427
Email: ywiid@uwc.ac.za

Qualifications:
LLB, LLM, LLD (UWC)

Position: Lecturer
Tel: 
Email: aosiki@uwc.ac.za

Qualifications:
PhD Labour Law

Biography: 

Abigail’s research background is in working poverty, sustainable development and policy reform, with a specific interest in the informal economy in Sub-Saharan Africa. She recently completed a post-doctoral fellowship with the Fairwork Foundation- a multidisciplinary and  intercontinental university collaboration between the Universities of Oxford, Manchester, Cape Town and the Western Cape. She holds a PhD in labour law from the University of Cape Town.

She is also a research associate at the Centre for Transformative Regulation of Work, UWC. 


Publications:

  • Osiki Abigail. Covid-19 and Labour Law: Kenya (2020); 13|(1S) Italian Labour Law e-Journal.
  • Osiki Abigail; (2020) “Esusu Cooperative” as a means of extending Social Protection to the Nigerian Informal Economy” (2020) 15(4) Contemporary Social Science Journal.
  • Graham, Mark, et al. (2020) "The Fairwork Foundation: Strategies for improving platform work in a global context"; Geoforum.
  • Shane Godfrey, Debbie Collier, Deirdre McCann, Kelly Pike, Roger Ronnie and Abigail Osiki; (2019) Developmental Enforcement? Challenges to Public and Private Enforcement of Labour standards in the South African and Lesotho garment sectors. A report of the Decent Work Regulation in Africa Project;  Durham University.
  • Graham, M, Woodcock, J., Heeks, R., Fredman, S., du Toit, D., van Belle, J-P., Mungai, P., Osiki, A.; (2019) The Fairwork Foundation: Strategies for Improving Platform Work. “Challenges of Digital Inequality – Digital Education, Digital Work, Digital Life”; Proceedings of the Weizenbaum Conference; pp. 1-8.
  • Osiki Abigail; (2018) “Property rights as a Means of Extending Labour Protection to the Nigerian Informal Economy”; International Journal of Comparative Labour Law and Industrial Relations  457-78; 34(4).



Position: Lecturer 
Tel: 021 959 2369
Email: eaolivier@uwc.ac.za

Qualification:
LLB, LLM, LLD

Biography: 

Etienne Olivier completed his LLB, LLM and LLD degrees at UWC. He has several years’ experience teaching corporate and commercial law. His areas of research interest include corporate governance, corporate finance, company regulation, and the law of agency.
 

Publicatoins: 

  • ‘Section 19(5)(a) of the Companies Act 71 of 2008; enter a positive doctrine of constructive notice?’ (2017) 28(3) Stellenbosch Law Review 614-623
  • ‘The Turquand Rule in South African Company Law: A(nother) Suggested Solution’ (2019) 5(2) Journal of Corporate and Commercial Law and Practice 1-28
  • ‘The Capacity Provisions in the Companies Act 71 of 2008’ (2020) Stellenbosch Law Review 31(3) 526-547
  • ‘The impact of the capacity provisions in the Companies Act 71 of 2008 on the insolvency-remoteness of limited capacity special purpose vehicles used in securitisation schemes’ (2020) Journal of Corporate and Commercial Law and Practice 6(2) 82-111
  • ‘Regulating against False Corporate Accounting: Does the Companies Act 71 of 2008 Have Sufficient Teeth?' (2021) 33(1) SA Merc LJ 1-24 



Position: Professor / Director of CENTROW 
Tel: 021 959 3288
Email: dcollier-reed@uwc.ac.za

Qualification:
BA, LLB, LLM, PhD

Biography & publications: 


Abridged Curriculum Vitae

 

 




Position: Associate Professor
Tel: +27 21 959 9462
Email: mkoekemoer@uwc.ac.za

Qualification:
B.Com Law (cum laude); LLB (cum laude) from the PU for CHE
LLM (cum laude) from the University of Pretoria
LLD from the University of Pretoria

Biography & publications: 


Prof Michel Koekemoer obtained her in LLD degree in 2020 under the supervision of Prof Reghard Brits, with the thesis titled: ‘A Framework for Reforming the South African Law of Security Rights in Movable Property’. She is also an admitted attorney. Her research interests include aspects of consumer complaint resolution, aspects of South African banking law and secured transactions law (real security law) and she has published and co-authored publications in these focused areas and presented on the topics at national and international conferences. 

Her list of publications can be viewed at:

orcid.org

 

Publications:

Accredited journal articles are:

Annual Survey of South African Law accredited until 2018 as a subsidised journal
 
  • Koekemoer MM & Pretorius JT (2011) ‘Miscellaneous contracts’ Annual Survey of South African Law;
  • Koekemoer MM & Pretorius JT (2012) ‘Miscellaneous contracts’ Annual Survey of South African Law;
  • Koekemoer MM & Pretorius JT (2013) ‘Miscellaneous contracts’ Annual Survey of South African Law;
  • Koekemoer MM & Pretorius JT (2014) ‘Miscellaneous contracts’ Annual Survey of South African Law;
  • Koekemoer MM (2016) ‘Miscellaneous contracts’ Annual Survey of South African Law (published in 2018); and
  • Koekemoer MM (2017) ‘Miscellaneous contracts’ Annual Survey of South African Law
Other accredited journal articles include:
 
  • Srivistava A & Koekemoer MM (2013) ‘The legal recognition of electronic signatures in South Africa: A critical overview’ (2013) 21(3) African Journal of International and Comparative Law 427-446
  • Koekemoer MM ‘South African Complaint Forums in the Retail Industry: A Survey of Literature and Some Lessons from the EU’ (2017) 40(4) Journal of Consumer Policy 419-445
  • Koekemoer MM & Brits R ‘Towards reforming South African secured transactions law: The value of a comparison with international and regional legal instruments’ (2020) 83 THRHR 528-541
  • Koekemoer MM ‘An analysis of aspects of the proposed reform of the financial consumer complaint resolution mechanisms in the South African banking sector’ (2021) 42(2) Obiter 336-251.
  • Koekemoer MM ‘Financing the acquisition of construction equipment: The potential influence of the MAC Protocol on law reform in South Africa’ (2021) 84(4) THRHR 455-471.
  • Koekemoer MM & Brits R ‘Lessons from UNCITRAL for reforming the South African legal framework concerning security rights in movable property’ (2022) 25 PER / PELJ: DOI http://dx.doi.org/10.17159/1727-3781/2022/v25i0a10992.
  • Koekemoer MM ‘The legal consequences attached to using notarial bonds to secure the obligations under a franchise agreement’ (2022) 85 (2) THRHR 248-257.
  • Brits R and Koekemoer MM: ‘Perfecting a general notarial bond: you can't have your cake and eat it!_ABSA Bank Limited v Go On Supermarket (Pty) Limited (The Spar Group Limited intervening) (9442/2022) [2022] ZAGPJHC 173 (24 March 2022)’ (2023) 26 PER / PELJ : DOI https://doi.org/10.17159/1727-3781/2023/v26i0a14173
  • Pesci A & Koekemoer MM ‘The FSCA Conduct Standard for Banks as a means to reform the internal financial consumer complaint resolution mechanism of South African banks: Some comments’ (2023) 44(2) Obiter 254-270.
Book chapters include:
 
  • Koekemoer MM ‘The South African legal framework in respect of agricultural equipment financing: The story of the John Deere Tractor’ in Barnard J & Botha MM (eds) De Serie Legenda Vol II (LexisNexis: 2019)
  • The chapter on ‘Negotiable Instruments’ in the ‘Commercial and Economic Law Republic of South Africa’ in the International Encyclopedia of Laws: Commercial and Economic Law (Kluwer Law International Netherlands: 2015). Submitted a revised chapter to the 2019 edition. 
  • Juta: Annual Yearbook of South African Law: Credit Law and from 2023 Banking and Finance Law (2020-present)
 

 

Administrative Staff

Qualifications: NDip, BTech (CPUT)
Position: Administrator
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