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Head of Department

Qualifications: BA (Law), LLB, LLM, LLD (SU)
Position: Head of Department / Senior Professor
Tel: 021 959 3308
Email: fdutoit@uwc.ac.za

Biography 

Specialist in Succession Law and Trust Law.
Francois du Toit teaches and researches in succession law and trust law. He is a NRF B-rated researcher in these disciplines. He is a former Deputy Dean of the UWC Law Faculty, and is currently the Head of the Private Law Department. Francois held a COIMBRA Scholarship for researchers from Sub-Saharan Africa and South Africa to the University of Groningen (2011); he was a research fellow at the Institute of European and Comparative Law at the University of Oxford (2013); he served as a member of an international peer-review committee for the evaluation of the Onderzoekschool Ius Commune, a research school collaboratively organised by the faculties of law of the universities of Maastricht, Utrecht, Leuven and Amsterdam (2013), as well as a member of a similar committee evaluating the Law Faculty of the University of Groningen (2016); he was a research fellow at the University of Melbourne’s Law School (2014); he was a visiting professor at the Center of Civil Law Studies at the Louisiana State University Law Center (2016 and 2018); and he was a visiting researcher at the Institute of Advanced Legal Studies at the University of London (2020). Francois is a co-author of Fundamentals of South African Trust Law, a standard text on the South African trust and the law that governs it. He is also a member of an international comparative succession law group that publishes collaboratively on aspects of succession law.

Publications

  • Francois publishes extensively on succession law and trust law. His particular research foci are (i) the impact of public policy and constitutionalism on freedom of testation; (ii) the rescue of formally-irregular wills; and (iii) the conceptualisation of the trust, in particular in mixed jurisdictions. Francois has published on these research themes in leading international law journals, including the Journal of Civil Law Studies (USA); the Tulane European and Civil Law Forum (USA); the Australian Property Law Journal (Australia); the Weekblad voor Privaatrecht, Notariaat en Registratie (Netherlands); the Rabels Zeitschrift für ausländisches und internationales Privatrecht (Germany); the Law Quarterly Review (UK); and the Oxford University Commonwealth Law Journal (UK). His scholarship is regularly cited by South African courts, among others in Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C); In re BOE Trust Ltd 2013 (3) SA 236 (SCA); Harvey v Crawford 2019 (2) SA 153 (SCA); King v De Jager 2021 (4) SA 1 (CC); and Wilkinson v Crawford 2021 (4) SA 323 (CC). Francois is the lead author of Fundamentals of South African Trust Law, LexisNexis (2019 & 2023).

Networks

  • Francois is the South African correspondent for the Journal of Civil Law Studies at the Center of Civil Law Studies at Louisiana State University. He was also an invited participant in the LSU Law Center’s Distinguished Global Visitor’s Program (2018). He serves on the editorial boards of the Tydskrif vir Hedendaagse Romeins-Hollandse Reg (SA) and the Coimbra Journal for Legal Studies (Portugal). Francois is a member of an international comparative succession law group, comprising leading inheritance law scholars from across the globe, that publishes collaboratively on aspects of succession law.

Academic Staff



Position: Head of Department / Senior Professor
Tel: 021 959 3308
Email: fdutoit@uwc.ac.za

Qualifications:
BA (Law);
LLB;
LLM;
LLD (Stell)

Biography: 

Specialist in Succession Law and Trust Law.
Francois du Toit teaches and researches in succession law and trust law. He is a NRF B-rated researcher in these disciplines. He is a former Deputy Dean of the UWC Law Faculty, and is currently the Head of the Private Law Department. Francois held a COIMBRA Scholarship for researchers from Sub-Saharan Africa and South Africa to the University of Groningen (2011); he was a research fellow at the Institute of European and Comparative Law at the University of Oxford (2013); he served as a member of an international peer-review committee for the evaluation of the Onderzoekschool Ius Commune, a research school collaboratively organised by the faculties of law of the universities of Maastricht, Utrecht, Leuven and Amsterdam (2013), as well as a member of a similar committee evaluating the Law Faculty of the University of Groningen (2016); he was a research fellow at the University of Melbourne’s Law School (2014); he was a visiting professor at the Center of Civil Law Studies at the Louisiana State University Law Center (2016 and 2018); and he was a visiting researcher at the Institute of Advanced Legal Studies at the University of London (2020). Francois is a co-author of Fundamentals of South African Trust Law, a standard text on the South African trust and the law that governs it. He is also a member of an international comparative succession law group that publishes collaboratively on aspects of succession law.


Publications:

  • Francois publishes extensively on succession law and trust law. His particular research foci are (i) the impact of public policy and constitutionalism on freedom of testation; (ii) the rescue of formally-irregular wills; and (iii) the conceptualisation of the trust, in particular in mixed jurisdictions. Francois has published on these research themes in leading international law journals, including the Journal of Civil Law Studies (USA); the Tulane European and Civil Law Forum (USA); the Australian Property Law Journal (Australia); the Weekblad voor Privaatrecht, Notariaat en Registratie (Netherlands); the Rabels Zeitschrift für ausländisches und internationales Privatrecht (Germany); the Law Quarterly Review (UK); and the Oxford University Commonwealth Law Journal (UK). His scholarship is regularly cited by South African courts, among others in Minister of Education v Syfrets Trust Ltd 2006 (4) SA 205 (C); In re BOE Trust Ltd 2013 (3) SA 236 (SCA); Harvey v Crawford 2019 (2) SA 153 (SCA); King v De Jager 2021 (4) SA 1 (CC); and Wilkinson v Crawford 2021 (4) SA 323 (CC). Francois is the lead author of Fundamentals of South African Trust Law, LexisNexis (2019 & 2023).

Networks:

  • Francois is the South African correspondent for the Journal of Civil Law Studies at the Center of Civil Law Studies at Louisiana State University. He was also an invited participant in the LSU Law Center’s Distinguished Global Visitor’s Program (2018). He serves on the editorial boards of the Tydskrif vir Hedendaagse Romeins-Hollandse Reg (SA) and the Coimbra Journal for Legal Studies (Portugal). Francois is a member of an international comparative succession law group, comprising leading inheritance law scholars from across the globe, that publishes collaboratively on aspects of succession law.



Qualifications: Bachelor of Laws, Enugu State University (2002), Postgraduate Diploma, Nigerian Law School (2004), Diploma in French, Makerere University (2007), Master of Laws in Human Rights & Democratisation in Africa, University of Pretoria (2007), Doctor of Philosophy, University of Cape Town (2016)
Position: Associate Professor
Tel: 021 959 3316
Email: adiala@uwc.ac.za
 

Biography 

Prof. Diala& is a socio-legal scholar and the founding director of the Centre for Legal Integration in Africa in the Faculty of Law at UWC. He specialises in legal pluralism, comparative law, and human rights. He has researched, lectured, and advocated in eighteen countries across four continents, notably in the International Criminal Court at the Hague, the International Criminal Tribunal for Rwanda, the Foundation for Human Rights Initiative, Uganda, and the Justice and Peace Commission, Nigeria. He is a fellow of the American Council of Learned Societies, the Social Science Research Council of New York, the German Academic Exchange Service, and the Bayreuth Academy of Advanced African Studies, Germany. He has held visiting fellowships and visiting positions in universities in Italy, Nigeria, Sweden, South Africa and Somaliland. Diala is rated as an ‘established researcher’ (C2) by the South African National Research Foundation. He is a member of the Research Quality Plus College of Reviewers of Canada’s International Development Research Centre, the College of Senior Mentors of the Council for the Development of Social Science Research in Africa, and the Advisory Committee on Matrimonial Property of the South African Law Reform Commission. He sits on the editorial board of several law journals, notably the Journal of Comparative Law in Africa and Legal Pluralism and Critical Social Analysis.

Publications 

Monograph and book chapters
  • 1.    (2020) Rethinking customary law and women’s property rights in the context of legal pluralism in Nigeria [Lagos: Nigerian Institute of Advanced Legal Studies] pp. 1-57.  
  • 2.     (2019) ‘Courts and transformative constitutionalism: Insights from South Africa’ in SM Sterett and L Walker (eds.) Research Handbook on Law and Courts (Edward Elgar Publishing) pp. 95-104 [DOI].  
  • 3.    (2019) ‘Legal pluralism and social change: Insights from matrimonial property rights in Nigeria’ in C. Rautenbach (ed.) In the shade of an African Baobab: Tom Bennett's Legacy (JUTA & Co.) pp. 155-174.  
  • 4.    (2013) ‘The dawn of constitutionalism in Nigeria;’ in Mbondenyi, M. K., and Ojienda T. (eds.) Constitutionalism and democratic governance in Africa: Contemporary perspectives from sub-Saharan Africa (Pretoria University Law Press) pp. 135-160.  
Peer reviewed journal articles
  • 5.    (2021) with S. Cotton ‘Chained communities: A critique of South Africa’s approach to land restitution’ 20(3) African Studies Quarterly pp. 73-86 [Link]. 
  • 6.    (2021) ‘Legal pluralism and the future of indigenous family laws in Africa’ 35(1) International Journal of Law, Policy and the Family pp. 1-17 [Link].  
  • 7.    (2020) with J.C. Diala ‘Normative intersectionality in married women’s property rights in southern Nigeria’ 24(1) Law, Democracy and Development pp. 86-108 [Link].  
  • 8.    (2020) ‘Peacebuilding and the interface of state law and indigenous market laws in Southern Nigeria’ 64(1) Journal of African Law pp. 1-26 [DOI].  
  • 9.    (2019) ‘Our laws are better than yours: The future of legal pluralism in South Africa’ 26 Revista General de Derecho Público Comparado pp. 1-23 [Link].  
  • 10.    (2019) with S. Bagni ‘Introduction to special issue – The role of customary law in the shaping of new models of pluralistic states’ 26 Revista General de Derecho Público Comparado pp. 1-5 [Link].  
  • 11.    (2019) ‘Curriculum decolonisation and revisionist pedagogy of African customary law’ 22 Potchefstroom Electronic Law Journal pp. 1-37 [DOI].  
  • 12.    (2019) ‘A butterfly that thinks itself a bird: The identity of customary courts in Nigeria’ 51(3) Legal Pluralism and Critical Social Analysis pp. 381-405 [DOI].  
  • 13.    (2019) with B Kangwa ‘Rethinking the interface between customary law and constitutionalism in sub-Saharan Africa’ 52(2) De Jure pp. 189-206 [DOI].  
  • 14.    (2018) with S Cotton ‘Silences in marriage laws in Commonwealth Africa: Women’s position in polygynous customary marriages’ 32(1) Speculum Juris pp. 18-32 [Link].  
  • 15.    (2018) ‘The shadow of legal pluralism in matrimonial property division outside the courts in Southern Nigeria’ 18(2) African Human Rights Law Journal pp. 706-731 [DOI].  
  • 16.    (2018) ‘A critique of the judicial attitude towards matrimonial property rights under customary law in Nigeria’s southern states’ 18(1) African Human Rights Law Journal pp. 100-122 [DOI].  
  • 17.    (2018) ‘Editorial’ 5(1) Journal of Comparative Law in Africa pp. i-v.  
  • 18.    (2017) with JC Diala ‘Child marriage, bride wealth, and legal pluralism in Africa’ 4(2) Journal of Comparative Law in Africa pp. 77-104 [Link].  
  • 19.    (2017) ‘The protection of traditional cultural expressions in Africa: Book review’ 4(2) Journal of Comparative Law in Africa pp. 200-203 [Link].  
  • 20.    (2017) ‘The concept of living customary law: A critique’ 49(2) Legal Pluralism and Critical Social Analysis pp. 143-165 [WOS].  
  • 21.    (2015) ‘Lessons from South Africa on reform of the customary law of inheritance in Nigeria’ 3 Diritto delle successioni e della famiglia pp. 891-914 [Link].  
  • 22.    (2014) ‘Reform of the customary law of inheritance in Nigeria: Lessons from South Africa’ 14(2) African Human Rights Law Journal pp. 633-654 [IBSS].  
  • 23.    (2014) with LJ Udofia ‘Legal feasibility of a lawsuit against the United Nations’ 3 Madonna University Law Journal pp. 158-171.   
  • 24.    (2012) ‘The Arab uprising: Implications for self-determination and good governance in the African Union’ 1 Pan African Yearbook of Law pp. 19-30 [Link].   
  • 25.    (2012) ‘Realising the right to adequate housing in Nigeria’ 2 Madonna University Law Journal pp. 155-173.  
  • 26.    (2011) ‘Lessons from South Africa in judicial power and minority protection’ 1 Madonna University Law Journal pp. 164-187.   
  • 27.    (2011) ‘Victims’ justice and re-characterising facts in the Lubanga trial at the ICC’ 7 (1) Eyes on the ICC pp. 59-84 [Link].   
Commissioned writings and dissertations
  • 1.    (2022) ‘What the Zulu kingship judgment tells us about the future of South African customary law’ The Conversation 9 March 2022 (Link).  
  • 2.    (2021) ‘Reflections from a Next Gen facilitator on working with doctoral students in Africa’ Items: Insights from the Social Sciences, The Social Science Research Council of New York 14 December 2021 [Link].  
  • 3.    (2021) ‘Why reform of matrimonial property laws is important’ Signals, University of the Western Cape Research Magazine Edition IV November 2021 pp. 34-35 [Link]  
  • 4.     (2020) ‘Understanding the relevance of African customary law in modern times’ The Conversation 1 December 2020 (Link).  
  • 5.    (2020) ‘Are Africans ready for integrated state and indigenous laws?’ AllAfrica 11 November 2020 (Link).  
  • 6.    (2016) ‘Judicial recognition of living customary law in the context of matrimonial property rights in South-East Nigeria’ Unpublished Doctoral Dissertation, University of Cape Town.  
  • 7.    (2013) ‘Successful marginalised group inclusion in customary governance structures and processes: Case study of the Osu people in Owerri South-East Nigeria’ in (J Hedström and J Smith eds.) Overcoming political exclusion: Strategies for marginalized groups to successfully engage in political decision-making (Stockholm, Sweden: International IDEA).  
  • 8.    (2011) ‘Security of human rights defenders in Nigeria’ in Strategie de Securite des Defenseurs des Droits de L’Homme: Experiences du Nigeria et de la Gambie (February) Report for the West African Human Rights Defenders’ Network, Togo pp. 28-50.  
  • 9.    (2011) ‘The strange child’ in J. Bassett (ed.) Oxford Bookworms Library: Stage 2: Songs from the soul: Stories from around the world (Oxford: Oxford University Press) pp. 46-52.  
  • 10.    (2007) ‘Judicial activism in South Africa’s Constitutional Court: Minority protection or judicial illegitimacy?’ LL.M Dissertation, University of Pretoria, South Africa.  
Media engagements and others
  • 1.    (2021) Television interview on 3 May 2021 with E.TV on inheritance and succession laws in South Africa. 
  • 2.    (2021) Radio interview on 27 January with Power 98.7 on the status of South African customary laws. 
  • 3.    (2020) Live radio interview on 14 December discussing the relevance of African customary laws in the South African Broadcasting Corporation (SAfm). 
  • 4.    (2017) ‘Next Generation Social Sciences in Africa: A story of transformation’ Items: Insights from the Social Sciences, The Social Science Research Council of New York 7 September 2017 [Link].
  • 5.    (2017) ‘The last president’ unpublished radio play. 
  • 6.    (2015) ‘A revisionist perspective of challenges to economic integration in Africa: The case of ECOWAS’ Guest lecture for the LLM in Law and Regional Integration in Africa class at the University of Cape Town on 30 April. 
  • 7.    (2006) ‘Waiting to die?’ 76,000-word unpublished manuscript.  

Networks:

  • Member, International Research Group on Gender in Customary and Indigenous Law and Proceedings 
  • Member, African Humanities Program of the American Council of Learned Societies 
  • Member, Scientific Network on Eviction and Housing Rights, University of Groningen, Netherlands 
  • Member of the International Commission on Legal Pluralism 
  • Member of the African Studies Association 
  • Member of Juris Diversitas.



Position: Senior Lecturer
Tel: 021 959 2381
Email: abooley@uwc.ac.za

Qualifications:
LLB, LLM, LLD

Biography: 

Dr Ashraf Booley is a senior lecture in the Private Law Department, Faculty of Law, University of the Western Cape. His research relates to the rights of women in Islam, constitutional rights, and comparative analyses of the various religious codifications of Muslim Personal Law, legal systems in Africa, especially in North Africa. He has presented guest lectures in International Humanitarian Law and Gender Law at Masters’ level. His doctoral theses “Women’s Rights and Freedoms in Islamic Jurisprudence pertaining to Marriage and Divorce: Lessons for South Africa from Morocco and Tunisia”. He has presented papers on the rights of women in Islam as well as doing comparative analysis and following the Arab spring and the constitutional work undertaken in Morocco and Tunisia and comparing them to the South African Constitutional. New courses: Dr Ashraf Booley convenor and co-presenter of a Masters’ module (LLM) in Islamic law and Jurisprudence offered, by the Department of Private Law – 2021. He is involved in the Street Law Project, house in the UWC’s, Law Clinic.
 

Publications:

Publications in Accredited Journals
- 2021 
  •  Booley A, “The effect of the Arab uprising in the Middle East and North Africa (Mena region): Morocco’s quest for constitutional reform and the 20 February Movement, Law, Democracy & Development, Volume 25 (2021), 223-241.
  • Booley A and Van Schalkwyk J “The Legal and Social Complexities Relating to Self-Determination: Internal and External Self-Determination and Obligation Erga Omnes” South African Yearbook of International Law”, 2021, 1-22.
  • Booley, A “Legal and Social Complexities Relating to Practice of Arranged and Forced Marriages” has been accepted and will be published in the issue of the Journal Syariah, Vol. 29, no. 1 (2021), 21-42.
  • Booley A “South African National Defence Force (SANDF) Drops Charges Against Hijab-Wearing Officer: Case in Point South Africa” Journal Syariah, Vol 29, no. 2 (2021), 195-206.
- 2020
 
  • Booley, A “The Tunisian Constitutional Transition and Debates: Islam, Women and Other Actors in the Wake of the Post-Jasmine Revolution” Journal Shariah Vol.28, no2, (2020), 293-332.
Open View Journal Articles
- 2021
  • Booley, A “The Arab Spring – A Brief View of Morocco’s February 20 Movement and Effects” 2021, International Journal of Arts Humanities and Social Studies (IJAHSSS)
   - 2020
 
  • Booley, A “Post Arab Uprising – Where are the voices of women in Tunisia in 2020? 2020, International Journal of Arts Humanities and Social Studies (IJAHSSS) 
Magazine Articles
- 2021
  • Booley A, A Slippery Slope - Mandatory Pre-marital Medical Examination of Spouses to a Muslim Marriage, Without. Prejudice, 2021.
  • 2020
  • Booley, A “The Effect of Covid-19 in South Africa relating to Contractual Obligations – Case in Point South Africa”, Without. Prejudice 2020.
  • Booley, A and Potberg C “Can Covid -19 be classified as Force Majure”, Without. Prejudice, 2020.
  • Booley, A “Demystifying the Mahr found in Muslim Marriages”, Without. Prejudice, 2020.


Networks

  • External Moderator – The Law of Contract – Stellenbosch University



Position: Lecturer
Tel: 021 959 3087
Email: cavanniekerk@uwc.ac.za

Qualifications:
LLB (UWC),
LLM (UP)

Biography: 

Ms van Niekerk is a specialist in Law of Persons and Law of Delict.

Her key research interests include the interface between the use of assisted reproductive technologies (ART) and various aspect of the law, on which she has published a number of articles. Other research interests include the recognition of wrongful life claims in the Law of Delict, teaching and learning and the future of legal education in South Africa. She is currently doing her PhD on the rights of prospective parents to engage in various forms of ART. Current research projects include the rights of prospective parents to decide on the quality of their future offspring and the rights of known sperm donors in respect of children born from their donations.


Publications:

  • Van Niekerk, C ‘Assisted Reproductive Technologies and the Right to Reproduce under South African Law’ 2017 (20) PER/PELJ 1-31.
  • Van Niekerk, C 'When a relationship has reached its expiration date, does the same apply to the embryos under South African law? 2017 (38) 1 Obiter Law Journal 165-180.
  • Van Niekerk, C ‘Strange (and incompatible) bedfellows: The relationship between the National Health Act and the regulations relating to artificial fertilisation of persons, and its impact on individuals engaged in assisted reproduction’ 2017 (10) 1 SAJBL 32-35.
  • Van Niekerk, C ‘Section 294 of the Children’s Act: Do Roots Really Matter?’ 2015 (18) 2 PER/PELJ 396-427.
  • Van Niekerk, C 'The Four-year Undergraduate LLB: Where to from Here?' 2013 (34) 3 Obiter 533-544.
  • Van Niekerk, C ‘Wrongful life claims: A failure to develop the common law? 2012 (3) Stellenbosch Law Review 527-539.
  • Van Niekerk, C and Mwambene, L ‘The Gumede Judgment: another lost opportunity to develop customary law and protect women’s rights?’ 2009(1) Speculum Juris 86-98.



Position: Senior Lecturer
Tel: 021 959 3085
Email: lmanie@uwc.ac.za

Qualifications:
LLB, LLM, LLD (UWC)

Biography: 

Specialist in Law of Persons, Family Law and Trust Law



Position: Deputy Dean: Teaching and Learning / Professor 
Tel: 021 959 3284
Email: lmwambene@uwc.ac.za

Qualifications:
Dip N,
LLB Honours (Malawi),
LLM, LLD (UWC)

Biography: 

Specialist in Comparative Law, Customary Law and Legal and Cultural Pluralism



Qualifications: BA, LLB, LLM, LLD (UWC)
Position: Senior Professor 
Tel: 021 959 3320
Email: nmoosa@uwc.ac.za

Biography: 

SPECIALIST IN MUSLIM PERSONAL LAW (MPL) OR MUSLIM FAMILY LAW.

Najma Moosa, Senior Professor in the Faculty of Law at the University of the Western Cape (UWC), has a career in academia spanning more than 30 years. She became the first black Head of Department, Professor, Dean (the first woman Dean of a South African Law Faculty) and Senior Professor in the Faculty. She is an admitted Advocate.
She has four law degrees. Both her LLM and LLD degrees were the first awarded at UWC, and the theses were the first to deal, respectively, with the Islamic law of succession, and constitutionalism and Muslim Personal Law (MPL). She has engaged in doctoral (at Yale Law School) and post-doctoral (at the School for Oriental and African Studies) research.

She is a National Research Foundation (NRF) rated researcher. Her research milestones include drafting contributions to two South African Law Reform Commission Projects: on Muslim children (Project 110, 1998) and on Muslim marriages (Project 59, 1999-2003). She is the author of many academic articles, and of several first of their kind South African books: “Unveiling the Mind: A Herstory” (2004; 2nd edition 2011) on the legal position of Muslim women, a co-edited volume “Muslim Personal Law in South Africa” (2019) containing contributions on MPL, and “The Mystery of the Apostasy of Shaykh Yusuf of Makassar’s Alleged Grandchildren: The Children of The Rajah of Tambora” (2021) which is an investigative and literary work on a critical time in our history and tackling an important issue on the legacy of Shaykh Yusuf of Macassar.

She has given many high-profile lectures and presented at conferences, locally and all over the world. As a graduate-alumna of both the HERS-SA Academy and the American Council on Education (ACE) Fellows Program, she has received mentorships at, respectively, Wellesley College and Old Dominion University. She is the recipient of many teaching, research and community awards. She currently serves as a member of the Editorial Team of “Jurnal Syariah” [Shariah Journal] and recently became a member of the Editorial Board of a new journal “Islamic History and Literature”.

In August 2019 she was a nominee for the inaugural Women in Law South Africa (WOZA) award for her excellence in academia. In October 2020 she was nominated by the Dean as ‘Top Achiever’ in the Law Faculty for the second edition of Digimag, an initiative started by the Deputy Vice-Chancellor (Academic) focusing on excellence of women academics and women leaders at UWC. In December 2021 she was a recipient of the Panache Women of Wonder (WOW) award.

Professor Moosa was profiled in UWC's Women in Academia & Leadership Magazine (Issue 2), CLICK HERE to read about her COVID-19 lockdown experience.
 

Publications

FORTHCOMING CHAPTER 2022:

Chapter:
  • Moosa, N & America, Z. Constitutional Implications of Homosexual Sexual Orientation, Homosexuality and Same-Sex Civil Marriages and Nikahs for Succession and the Inheritance Rights and Testamentary Freedom of Homosexual Muslims in South Africa. The International Survey of Family Law (ISFL) (forthcoming September 2022) . 
2021 PUBLICATIONS:

Book: 
  • Najma Moosa, 2021. The mystery of the apostasy of Shaykh Yusuf of Makassar's alleged grandchildren: The children of the Rajah of Tambora. Shaykh Shahid Esau: KamPress, CT. May 2021. For sale at Clarke’s Bookshop, Timbuktu Books, Caxton Books or contact publisher directly: Shaheed Esau at +27 82 704 5378 (he is also available on WhatsApp). - For my simple, succinct synopsis of the book see YouTube video links of lecture: https://youtu.be/T-sDMsk0mzs. and https://youtu.be/GFua-NwPNKw 
  • In August 2022 she was presented with a certificate in recognition of her nomination in the category of Book Prize Award 2021 at the Research Recognition Awards hosted by the Deputy Vice-Chancellor: Research & Innovaton
ARTICLES 2021 & 2022
2020 PUBLICATIONS:

Book:
Articles:
  • Najma Moosa, ‘Debunking Prevailing Scholarly Views Pertaining to the Apostasy of Alleged Descendants of Shaykh Yusuf of Makassar’ (Part 1) Al-Jāmi‘ah: Journal of Islamic Studies, Vol. 58, no. 1 (2020), pp.103-170. ISSN: 0126-012X (p); 2356-0912 (e); doi: 10.14421/ajis.2020.581.103-170 Published by: Al-Jami'ah Research Centre of Sunan Kalijaga State Islamic University Yogyakarta, Indonesia available at https://aljamiah.or.id/index.php/AJIS/article/view/58104

  • Najma Moosa. ‘Debunking Prevailing Scholarly Views Pertaining to the Apostasy of Alleged Descendants of Shaykh Yusuf of Makassar’ (Part 2) Al-Jāmi‘ah: Journal of Islamic Studies, Vol. 58, no. 2 (2020), pp.241-292. ISSN: 0126-012X (p); 2356-0912 (e), doi: 10.14421/ajis.2020.582.241-292 available at https://aljamiah.or.id/index.php/AJIS/article/view/58201/393

  • Najma Moosa, ‘Aspects of Dutch Colonial Family Law Related to the Indonesian Rajah of Tambora’s Exile at the Cape’ in M. Brinig (ed.), International Survey of Family Law (ISFL) 2020, Intersentia, Cambridge 2020, pp. 265-301. Published in September 2020. ISBN 978-1-78068-973-9
FOR EARLIER PUBLICATIONS (NB: THESE PROFILES ARE IN THE PROCESS OF BEING UPDATED) SEE:
 
google scholar      orcid         scopus      researchgate    uwc repository

 



Position: Lecturer 
Tel: 021 959 3356
Email: nksibanda@uwc.ac.za

Qualifications:
LLB (Forthare),
LLM (SU),
LLD (UWC),

Biography: 

Specialist in Property Law and Land Law
 



Qualifications: LLB (Fort Hare), LLM, LLD (UWC),
Position: Associate Professor
Tel: 021 959 2134
Email: ymupangavanhu@uwc.ac.za

Biography: 

Specialist in Contract Law and Intellectual Property Law

I teach the Law of Contract, Advanced Law of Contract as well as Intellectual Property Law. My research interests cover the Law of Contract, Consumer Protection, Intellectual Property Law particularly Trade Mark Law, as well as regional integration.

Dr Mupangavanhu was profiled in UWC's Women in Academia & Leadership Magazine (Issue 2), CLICK HERE to read about her COVID-19 lockdown experience.


Publications:

  • Towards an extensive statutory protection of consumers in timeshare agreements: A comparative perspective (accepted African Journal of International and Comparative Law, 2019)
  • ‘The protection of intellectual property rights within the Continental Free Trade Area in Africa: Is a balance between trade and innovation possible’ 15/4 International Journal of Business, Economics and Law 15/4 14-21. (with van Huyssteen) ‘The statutory regulation of timeshare agreements in light of the need for greater consumer protection’ (2017) 3 Stell LR 657-678.
  • ‘The protection of scent, taste and sound marks in South Africa: threats and possibilities’ (2017) 5 SAIP LJ 16-33.
    Book publication. Title The Regional Integration of African Trade Mark Law: Challenges and possibilities by Galda Verlag Glienicke, ISBN 978-3-941267-11-4.
  • ‘The relationship between restraints of trade and garden leave’ (2017) PER /PELJ 1-21.
  • ‘Electronic signatures and non-variation clauses in the modern digital world. A case from South Africa’, (2016) 133/4 South African Law Journal 853-873.
  • ‘African Union rising to the need for a continental IP protection? The establishment of Pan-African Intellectual Property Organisation' (2015) 59 Journal of African Law 1-24.
  • ‘Fairness a slippery concept: The common law of contract and the Consumer Protection Act 68 of 2008’ (2015) 48 (1) De Jure 116-135.
  • ‘Towards the harmonisation of trade mark laws in Africa: A comparative analysis of selected trade mark laws’, (2015) 2 (2) Journal of Comparative Law in Africa 98-126, peer-reviewed.
  • ‘Exemption clauses and the Consumer Protection Act 68 of 2008: An assessment of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ)’ (2014) 17/3 PER/PELJ 1167-1195.
  • ‘The integration of trade mark laws in the European Union: Lessons for Africa?' South African Intellectual Property Law Journal (2014) 2 SALJ 109-130, peer-reviewed.
  • ‘An analysis of the dispute settlement mechanism under the Consumer Protection Act 68 of 2008’ (2012) 15 (5) PER/PELJ 320-346. (with Brighton Mupangavanhu) Gcaba ‘The Minister of Safety and Security 2009 ZACC. Concurrent Jurisdiction now settled law?’ (2012) 23 (1) Stellenbosch Law Review, 40-54. (with Brighton Mupangavanhu)
  • ‘Alignment of student discipline administration and design with national law and constitutional imperatives in South Africa’ (2011) 12 (2) Potchefstroom Electronic Journal

Networks:

  • I am affiliated to The South African Association of Intellectual Property Law and Information Technology Law Teachers and Researchers (AIPLITL).



Qualifications: BCom Law, LLB, LLD
Position: Associate Professor
Email: suviljoen@uwc.ac.za

Biography

Prof Sue-Mari Viljoen is a specialist in Property Law, and specifically Constitutional Property Law. She also specialises in housing law and land reform.

She completed her undergraduate and postgraduate degrees at the University of Stellenbosch, after which she lectured at Unisa as a Senior Lecturer, and later Associate Professor, in the Department of Public, Constitutional and International Law. She has taught Administrative Law, Local Government Law, Contract Law, Property Law and Fundamental Human Rights.

She continues to do research on the linkages between property rights, land rights and housing rights; from both theoretical and comparative law perspectives.

Prof Viljoen was profiled in UWC's Women in Academia & Leadership Magazine (Issue 3), CLICK HERE to read about her COVID-19 lockdown experience.

Publications

Journal Articles
  • Maass S & Van der Walt AJ “The case in favour of substantive tenure reform in the landlord-tenant framework: The Occupiers, Shulana Court, 11 Hendon road, Yeoville, Johannesburg v Steele; City of Johannesburg Metropolitan Municipality v Blue Moonlight” (2011) 128 SALJ 436-451
  • Maass S “Rental housing as adequate housing” (2011) 22 Stell LR 759-774
  • Maass S & Van der Walt AJ “The enforceability of tenants’ rights” 2012 TSAR 35-52 (Part 1)
  • Maass S & Van der Walt AJ “The enforceability of tenants’ rights” 2012 TSAR 228-246 (Part 2)
  • Maass S “Rent control: A comparative analysis” (2012) 15 PER 41-100
  • Maass S “Conceptualising a unfair practice regime in landlord- tenant law: Maphango v Aengus Lifestyle Properties [2012] ZACC; 2012 5 BCLR 449 (CC)” (2012) 27 SAPL 653-671
  • Maass S “The South African social housing sector: A critical comparative analysis” (2013) 29 SAJHR 571-590
  • Viljoen S “The temporary expropriation of a use right as interim measure in the South African housing context Part 1” 2014 TSAR 359-376
  • Viljoen S “The temporary expropriation of a use right as interim measure in the South African housing context Part 2” 2014 TSAR 520-535
  • Viljoen S & Strydom J “Unlawful occupation of inner-city buildings: A constitutional analysis of the rights and obligations involved” (2014) 17 PER 1206-1261
  • Viljoen S “The constitutional protection of tenants’ interests – a comparative analysis” (2014) 47 CILSA 460-489
  • Viljoen S & Van der Walt AJ “The constitutional mandate for social welfare – systemic differences and links between property, land rights and housing rights” (2015) 18 PER 1034-1090
  • Viljoen S “The systemic violation of section 26(1): An appeal for structural relief by the judiciary” (2015) 30 SAPL 42-70
  • Viljoen S “Substantive adjudication of the decision to expropriate property” (2017) 28 Stell LR 444-465
  • Viljoen S & Makama SP “Structural relief – a comparative analysis” (2018) 34 SAJHR 209-230
  • Viljoen S “Property and ‘human flourishing’: A reassessment in the housing framework” (2019) 22 PER 1-27
  • Viljoen S “Expropriation without compensation: Principled decision-making instead of arbitrariness in the land reform context Part 1” 2020 TSAR 35-48
  • Viljoen S “Expropriation without compensation: Principled decision-making instead of arbitrariness in the land reform context Part 2” 2020 TSAR 259-270
  • Viljoen S “A systemically correct approach in state evictions” (2020) Stell LR 201-225
  • Viljoen S “The impact of the COVID-19 on rent obligations” (2020) De Jure
Monograph
  • Viljoen S The law of landlord and tenant (2016) Cape Town: Juta
Chapters in books
  • Viljoen S “Ownership under the new South African Constitution – addressing socio-economic injustices” in Van Kampen S & Milo M Recht en Armoede (2016) 31-60
  • Viljoen S & Stydom J “Tenure security and the reform of servitude law” in Muller G et al Transformative property law (2018) 96-120

Networks

  • South African Research Chair in Property Law alumnus
  • Member of the Association for Law, Property and Society (ALPS)



Position: Lecturer
Tel:  021 959 3309
Email: amiggels@uwc.ac.za

Qualifications:
LL.B, LL.M, LLD (Candidate), PG Cert (LEAD)

Biography: 

Alvizo joined the Department of Private Law permanently in 2021. He holds both a Bachelor – and Master of Laws degree from the University of the Western Cape. His interest in teaching and learning stems from his time as a Graduate Lecturing Assistant (GLA). He has since gone on to teach at various Higher Educational institutions including the Cape Peninsula University of Technology (CPUT) and Stellenbosch University. 

Alvizo earned his Master of Laws degree by researching the anti-dilution provision contained in the Trade Marks Act, 1993. He plans to undertake doctoral studies in an area related to Intellectual Property Law as well. His research interests, however, are not limited to Intellectual Property law but includes the Law of Delict and Family Law.

Alvizo has experience in lecturing the following modules: 
  1. Law of Persons (2019, 2021 – current) (UWC)
  2. Law of Contract (2021 – current) (UWC)
  3. Family Law (2019) (UWC)
  4. Law of Criminal Procedure (2020). (SU)
  5.  Business Law (dealing with aspects of the Law of Contract) (2020) (CPUT).



Position: Lecturer
Tel:  021 959 3312
Email: tnjoko@uwc.ac.za



Position: Lecturer
Tel:  021 959 3289
Email: zfakier@uwc.ac.za

Qualifications:
BA Degree - Completed at UWC in 1979.
LLB Degree - Completed at UWC in 1981.
LLM Degree -Completed at UWC in 2006.
Mini-thesis topic: Children’s Right to Consent to Medical Treatment and a Consideration of the Changes Effected in the Children’s Bill B70 D of 2003

Biography: 

Was a member of the Academic Planning and Research subject group from 2000 until 2004. 
Was a member of the Private Law subject group from 2002 to 2006.
A member of the Student Affairs Department from 2005 to 2011 where I am actively involved with advising students academically as well as non-academically. Am also involved with student registration at the beginning of the academic year and student queries throughout the year.
Actively involved with student promotions at the end of each academic year.
Affiliated to Arts/ Law Foundation Programme from 2007-2011.
Involved with co-ordination of Computer Literacy and Web designing components of Foundation Year program for first year students in 2008.

Teaching Experience
2012  Co- ordinator of the Foundation Programme.
Currently lecturing  Private Law Studies 100 to the first year LLB Foundations students following the 5-year LLB programme.
Course convenor of Private Law Studies 100.

2011 Cordinator of the Foundation Programme.
Currently lecturing  Private Law Studies 100 to the first year LLB Foundations students following the 5-year LLB programme.
Course convenor of Private Law Studies 100.
Lectured and co-ordinated Foundations of Legal Studies 100 to the first year LLB students following the 5-year LLB programme during the first term of 2011.

2010 Co- ordinator of the Foundation   Programme.
Lectured  Private Law Studies 100 to the first year  LLB Foundations students.
Course convenor of Private Law Studies 100.
Lectured and co-ordinated Foundations of Legal Studies 100 to the first year LLB students following the 5-year LLB programme during the first term  and third term  of 2010.

Block teaching for Welfare Law 321 to third year Social Work students during the third term of 2010.

2007 – 2009 Lectured Foundations of Legal Studies 100 to the first year LLB students following the 5 -year LLB programme. This was a year course and I was the course co-ordinator for Foundations of Legal Studies 100 for both semesters for both years

Lectured Welfare Law 123 to the full-time  final year Criminal Justice students during the second semester from 2007-8.
Lectured Welfare Law 321 to third year Social Work students during the second semester of  2009.

2004 – 2005 Lectured Legal Systems 111 to all the groups of full-time and part-time first year LLB students following the 4- year LLB programme as well as the second year LLB students following the 5- year programme during the first semester.
Course co-ordinator for Legal Systems 111 for the first semester. I was lecturing Legal Systems 111 to large classes of about 400 to 500 students per semester during which I did all the marking of test scripts and examination scripts myself.

Lectured Welfare Law 123 to the full-time Criminal Justice students during the second semester.
Course co-ordinator for Welfare Law 123 for the second semester.

2003 Lectured Legal Systems 111 to all the groups of full-time and part-time first year LLB students following the 4- year LLB programme as well as the second year LLB students following the 5- year programme during the first semester.
Course co-ordinator for Legal Systems 111 for the first semester. 
Lectured Family Law 121 to the part-time students following the 5 year LLB programme during the Second Semester.
Lectured Welfare Law 113 during the first semester and Welfare Law 123 during the second semester to full time first year Social Work students.
Course co-ordinator for Welfare Law 113 and Welfare Law 123.

2002 Lectured Legal Systems 111 to all the groups of full-time and part-time first year LLB students following the 4- year LLB programme as well as the second year LLB students following the 5- year programme during the first semester.
Course co-ordinator for Legal Systems 111 for the first semester.
Lectured Welfare Law 113 during the first semester and Welfare Law 123 during the second semester to full time first year Social Work students. I was appointed course co-ordinator for Welfare Law 113 and Welfare Law 123.

1998 – 2001 Lectured  Foundations of  South African Law 211 and 221 to both full-time students following the 4- year LLB programme and part-time students following the 5- year LLB programme.
Course co-ordinator for Foundations of South African Law 211 for the first semester in 1999.
Course co-ordinator for Foundations of South African Law 211 and Foundations of South African Law 221 in 2001.

1997 Lectured Medicina Forensis 103 during the first semester and Medicina Forensis 104 the second semester, to full time LLB students following the 4 -year programme.

1994 Lectured Public International Law 301 to full-time LLB students during the first semester as well as the second semester.

Peninsula Technikon - Department of Construction Management and Quantity Surveying
1993 – 1994 Was appointed external moderator for Contract Law and Legislation which was offered to third year Building and Quantity Surveying students.

1983 – 1992 Lectured Contract Law and Legislation to full time third year Building and Quantity Surveying students which was offered by the Department of Construction Management and Quantity Surveying.

Conferences and Seminars and Research
  • Attended the First Annual Law Conference on Private Law hosted by UWC and UNITRA which took place at the Nelson Mandela Metropole University (NMMU), formerly known as University of Port Elizabeth, in January 2005.
  • Attended the first  Research Retreat hosted by UWC Law Faculty in Stellenbosch in August 2005.
  • Attended a subsequent Research Retreat also hosted by UWC Law Faculty in Stellenbosch in April 2006.
  • Attended the First Southern African Conference on the First –Year Experience hosted by Stellenbosch University in September 2008.
  • Attended the Teaching and Learning workshop hosted by Viv Bozalek at UWC in 2009.
  • Co-writing an article based on an evaluation of the LLB Foundation Programme at UWC.
  • Attended workshop on  Writing Skills hosted by Viv Bozalek  at CPUT in February 2012.
  • Attended a Teaching and Learning Workshop hosted by Viv Bozalek at UWC in March 2012.
  • Attended  a workshop on Developing Student Writing in the Disciplines hosted by Sioux McKenna at UWC in April 2012.
  • Attended an Extended Programme Colloquium entitled Building a firm foundation: theory informing practice hosted by the Higher Education Learning and Teaching Association of Southern Africa (HELTASA) at the University of Pretoria in June 2012.
  • Attended a Skills Courses workshop hosted by Karin Chinnian at UWC in November 2012
  • Currently  researching and working on research proposal for a doctorate.
Community Involvement:
• Active member in the community in which I reside (Cravenby). I am chairperson of the Husami Madressa (Islamic School) PTA from 1999 to 2006.
• Invigilator for Cravenby Secondary School’s Matriculation Examinations from 1996 to 1999.
• Acted as tribunal in the Cravenby Secondary School’s disciplinary hearings in July/August 2003.
• Currently involved in the Husami Mosque Soup Kitchen initiative where we make soup on the mosque premises and distribute it to the needy in the surrounding areas as well as to various local shelters.
• From February 2004 we started distributing soup and bread to UWC students once a week on Mondays during the lunch hour.
• From 2005 to 2009 we undertook to distribute wholesome sandwiches and non-alcoholic liquid refreshment to students once a week on Tuesdays during the lunch hour.
• Am actively involved in the community initiative for social upliftment and regularly visit Old Age homes and Children’s homes in the greater Cape Town area.

Training Courses
• Completed Beginners Microsoft Word Course (2000)
• Completed Beginners Microsoft PowerPoint Course (2000)
• Completed Beginners Microsoft Excel Course (2000)
• Completed MAS Training courses (2008-9)
• Concept Maps Workshop (2011)
• Facebook Training Workshop (2011)

Networks

  • Admitted as Advocate of the High Court of South Africa in 2002.

Administrative Staff

Qualification: BAdmin (UWC)
Position: Administrator
Tel: 021 959 3314
Fax: 021 959 2960
Email: mnelson@uwc.ac.za