Department of Private Law People

Head of Department

Qualifications: BCom Law, LLB, LLD
Position: Associate Professor / Head of Department
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)

Academic Staff

Position: Professor & Director, Centre for Legal Integration in Africa
Tel: 021 959 331 4
Email: adiala@uwc.ac.za

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 and Democratisation in Africa, University of Pretoria (2007), Doctor of Philosophy, University of Cape Town (2016)

Biography

Prof. Diala is a socio-legal scholar and the foundation 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 lectured, researched, and advocated in twenty countries across four continents, notably the International Criminal Court in 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 visiting professor of law and society at the University of Turin, Italy. He has held fellowships and visiting positions in Germany, Italy, Nigeria, Sweden, South Africa, and Somaliland. These include the Nordic Africa Institute, the American Council of Learned Societies, the Social Science Research Council of New York, the German Academic Exchange Service, the Bayreuth Academy of Advanced African Studies, Germany, and the South African National Research Foundation (NRF). Diala is rated an ‘established researcher’ (C2) by the NRF. 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 boards of the top journals in his field, notably the Journal of African Law and Legal Pluralism and Critical Social Analysis. He is the co-editor-in-chief of the African Journal of Legal Studies, published by Brill | Nijhoff.

Publications

Books and edited volumes

(2024) A.C. Diala and C. Rautenbach (Editors) Reimagining legal pluralism in Africa [forthcoming, Brill | Nijhoff].
(2020) A.C. Diala 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.
(2019) S. Bagni and A. Diala (Eds) Revista General de Derecho Público Comparado Special Issue vol. 26.

Book Chapters

(2024) A.C. Diala ‘The case against decolonisation: A legal perspective’ in (J.C.A. Agbakoba and M. Rainsborough eds.) Rethinking decolonialism: Afrotopia, contested Africanity and trans-colonial perspectives (forthcoming, Routledge).
(2024) ‘An African perspective on family property and customary law’ in M. Briggs and A. Hayward (Editors) Edward Elgar Research Handbook in Family Law [Edward Elgar].
(2024) A.C. Diala and C. Rautenbach ‘Introduction: The complex interplay of legal systems’ in Reimagining legal pluralism in Africa [forthcoming, Brill | Nijhoff].
(2024) A.C. Diala ‘Foreword: Law and sustainable development after Covid-19’ in (A.E. Arimoro, E.M. Igbokwe and T.T. Egbe) Law and Sustainable Development after Covid-19 (Routledge) pp. i-iv.
(2024) ‘Comparative indigenous law’ in M. Siems and P.J. Yap (Editors) Cambridge Handbook of Comparative Law [Cambridge University Press; ISBN: 9781108843089] pp. 693-712.
(2019) ‘Courts and transformative constitutionalism: Insights from South Africa’ in S.M. Sterett and L. Walker (Editors) Research Handbook on Law and Courts (Edward Elgar Publishing) pp. 95-104 [DOI].
(2019) ‘Legal pluralism and social change: Insights from matrimonial property rights in Nigeria’ in C. Rautenbach (Editor) In the shade of an African baobab: Tom Bennett's legacy (JUTA.) pp. 155-174 [Link].
(2013) ‘The dawn of constitutionalism in Nigeria;’ in M.K. Mbondenyi and T. Ojienda (Editors) Constitutionalism and democratic governance in Africa: Contemporary perspectives from sub-Saharan Africa (Pretoria University Law Press) pp. 135-160 [Link].

Peer reviewed journal articles

(2024) E. Okeng and A.C. Diala “Promotion of service delivery in terms of South Africa’s legal framework’ (forthcoming, Potchefstroom Electronic Law Journal).
(2024) M. Ditsela, A.C. Diala and R. Ozoemena ‘African feminism and the recognition of cohabitation under customary law’ 48(4) Africa Development (forthcoming).
(2023) A.C. Diala and Nejat Hussein ‘The tsetse fly perched on the scrotum: Publishing problems in academic journals’ 26 Potchefstroom Electronic Law Journal 1-28 [Link].
(2022) ‘Neoliberal influences on legal pluralist marriage reforms in Africa’ 9(2) Journal of International and Comparative Law pp. 81-108 [Link].
(2021) A.C. Diala and S. Cotton ‘Chained communities: A critique of South Africa’s approach to land restitution’ 20(3) African Studies Quarterly pp. 73-86 [Link].
(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].
(2020) A.C. Diala and J.C. Diala ‘Normative intersectionality in married women’s property rights in southern Nigeria’ 24(1) Law, Democracy and Development pp. 86-108 [Link].
(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].
(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].
(2019) A.C. Diala and 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].
(2019) ‘Curriculum decolonisation and revisionist pedagogy of African customary law’ 22 Potchefstroom Electronic Law Journal pp. 1-37 [DOI].
(2019) ‘A butterfly that thinks itself a bird: The identity of customary courts in Nigeria’ 51(3) The Journal of Legal Pluralism and Unofficial Law pp. 381-405 [DOI].
(2019) A.C. Diala and B. Kangwa ‘Rethinking the interface between customary law and constitutionalism in sub-Saharan Africa’ 52(2) De Jure pp. 189-206 [DOI].
(2018) S. Cotton and A.C. Diala ‘Silences in marriage laws in Commonwealth Africa: Women’s position in polygynous customary marriages’ 32(1) Speculum Juris pp. 18-32 [Link].
(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].
(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].
(2018) ‘Editorial’ 5(1) Journal of Comparative Law in Africa pp. i-v.
(2017) J.C. Diala and A.C. Diala ‘Child marriage, bride wealth, and legal pluralism in Africa’ 4(2) Journal of Comparative Law in Africa pp. 77-104 [Link].
(2017) ‘The protection of traditional cultural expressions in Africa: Book review’ 4(2) Journal of Comparative Law in Africa pp. 200-203 [Link].
(2017) ‘The concept of living customary law: A critique’ 49(2) The Journal of Legal Pluralism and Unofficial Law pp. 143-165 [WOS].
(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].
(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].
(2014) L.J. Udofia and A.C. Diala ‘Legal feasibility of a lawsuit against the United Nations’ 3 Madonna University Law Journal pp. 158-171.
(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].
(2012) ‘Realising the right to adequate housing in Nigeria’ 2 Madonna University Law Journal pp. 155-173.
(2011) ‘Lessons from South Africa in judicial power and minority protection’ 1 Madonna University Law Journal pp. 164-187.
(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

(2023) ‘South African politicians vs judges: New book defends the Constitution’ The Conversation 22 November (Link).
(2023) ‘The missing link in judges’ approach to the Igbo custom of inheritance’ African Legal Studies Blog 18 August 2023 (Link).
(2023) ‘South Africa’s new Marriage Bill raises many thorny issues - A balancing act is needed’ The Conversation 02 August 2023 (Link).
(2023) South African Law Reform Commission Discussion Paper 160 of 11/2023, Project 100E: Review of Aspects of Matrimonial Property Law pp. 1-292 (Link).
(2022) ‘South Africa has a new traditional courts bill. But it doesn’t protect indigenous practices’ The Conversation 22 September 2022 (Link).
(2022) ‘What the Zulu kingship judgment tells us about the future of South African customary law’ The Conversation 9 March 2022 (Link).
(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].
(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]
(2020) ‘Understanding the relevance of African customary law in modern times’ The Conversation 1 December (Link).
(2020) ‘Are Africans ready for integrated state and indigenous laws?’ AllAfrica 11 November 2020 (Link).
(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 pp. 1-266.
(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).
(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) West African Human Rights Defenders’ Network, Togo pp. 28-50.
(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.
(2007) ‘Judicial activism in South Africa’s Constitutional Court: Minority protection or judicial illegitimacy?’ LL.M Dissertation, University of Pretoria, South Africa pp. 1-59 [Link].

Expert/Media engagements and others

(2023) Interview on 21 August 2023 with Benito Vergotine of SmileFM on South Africa’s Marriage Bill.
(2023) Interview on 18 August with Lerato Mbele of POWER 98.7 on the Marriage Bill, life partnerships and cohabiting couples in South Africa [Link].
(2023) Interview on 17 August with Stephen Grootes of SAfm SABC on marriage laws in South Africa [Link].
(2023) Television interview on 8 August with Osarogie Ogbonmwan and Olive Emodi of News Central Breakfast on South Africa’s Marriage Bill of 2022 [Link].
(2023) Television interview about South Africa’s Marriage Bill with eNCA’s Marcell Gordon, 5 August [Link].
(2023) Conversation with Prof. Thoko Kaime, Chair of African Legal Studies, Bayreuth on 26 June 2023 [Link].
(2023) Radio interview on 13 June with Relebogile Mabotja of 702 Afternoons on customary marriages [Link].
(2023) Radio interview on 6 January with SAFM’s ‘Living redefined’ on the Traditional Courts Bill [Link].
(2022) Television interview on 24 September with Newzroom Afrika on the Traditional Courts Bill [Link].
(2022) Consultation with the World Bank Business Enabling Environment (BEE) Project pp. 644-645 (Link).
(2022) Television interview on 24 September with eNCA on the Traditional Courts Bill [Link].
(2022) Television interview on 21 August with the South African Broadcasting Corporation on ‘Legal challenge to King Misuzulu's Kingship’ [Link].
(2021) Television interview on 3 May 2021 with E.TV on inheritance and succession laws in South Africa.
(2021) Live radio interview on 27 January with Power 98.7 on the status of South African customary laws.
(2020) Live radio interview with the South African Broadcasting Corporation on 14 December, discussing the contemporary relevance of African customary laws.
(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].
(2017) ‘The last president’ unpublished radio play.
(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.

Networks:

Member, International Research Group on Gender in Customary and Indigenous Law and Proceedings.
Member, International Expert Working Group on Customary and Informal Justice and SDG16+
Member, African Humanities Program of the American Council of Learned Societies.
Member, Africa Multiple Cluster of Excellence, University of Bayreuth, Germany.
Member of the International Commission on Legal Pluralism.
Member of Juris Diversitas.
Member of the African Studies Association.

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 Context.

New Modules: 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.

Faculty Teaching and Learning Award, Faculty Established Lecturer, 2019.

Award for Best Early-Career Researcher, 2022.

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.

2019

Booley, A “Progressive Realisation of Muslim family law: The case of Tunisia” 2019 Potchefstroom Electronic Law Journal 22 pp. 1-28.

Booley, A “The State, Family Law and Women in the Middle Eastern and North African Region (Mena Region): A Comparative Survey of the Current Reforms in Morocco and Tunisia” 2019 Journal Syariah 27(3) pp. 505-54.

2017

Booley A “The Status of Women in Tunisian Family Law: Has the 2014 Constitutional changes assisted Tunisian Women” (2017) Potchefstroom Electronic Law Journal.

2016

Booley A “The Rights and Freedoms of Moroccan Women: Has the 2004 Reforms Benefitted Moroccan Women? (2016) 19 Potchefstroom Electronic Law Journal 1-19.

2014

Booley A “Divorce and the Law of Khul: Enhancing Protection of Women’s Rights? (2014) Volume 18 Law Democracy and Development 37-57.

Booley A, Women’s Rights and Freedoms in Islamic Jurisprudence Pertaining to Marriage and Divorce: Lessons for South Africa from Morocco and Tunisia? 2014, Doctoral Dissertation, Doctor of Law, LLD, 1-269.

2011

Van der Poll L and Booley A “In Our Common Interest: Liability and Redress for Damaged Caused to the Natural Environment During Armed Conflict” (2011) Volume 15 Law Democracy and Development 1-43.

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)

Law Magazine Articles - Shorter 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

Stellenbosch University (SU)
University of South Africa (UNISA)
University of the Free State (UFS)
North-West University (NWU)
Igdir University, Faculty of Theology, Turkey
Street Law Society – University of the Western Cape (UWC)
International Committee of the Red Cross (ICRC) - Geneve
ProBono.Org
Association of Muslim Accountants & Lawyers (AMAL)
Muslim Judicial Council Forum (MJC)

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

Qualifications:
LLB (UWC),
LLM (UP)
PhD (Leiden)

Biography:

Dr Jacobs is a specialist in the Law of Persons and Family Law. She also has vast experience in the Law of Delict, which she taught for more than a decade.

Her key research interests include family law and family creation by means of assisted reproductive technologies (ART), on which she has published a number of articles, as well as medical law and bioethics. Other research interests include the recognition of wrongful life claims in SA, teaching and learning and the future of legal education in South Africa. Previous research projects include the rights of prospective parents in ART, the rights of known sperm donors in respect of children born from their donations, and the rights of children to know their genetic/biological origins in the context of embryo donation.

Dr Jacobs is also an advocate for change to the current child maintenance system in SA which is failing our children and impoverishing women.

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.
Van Niekerk, C ‘When Is A Donor A Daddy? Informal Agreements With Known Sperm Donors: Lessons From Abroad’ 2021 (42) 1 Obiter 70-83

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:

Click here for recent interviews and publications

2022 Publications:

Chapter:

Moosa, N & America, Z. 2022. ‘South Africa: Homosexual Muslims in South Africa: Some Legal Implications, Including Constitutional, Marriage and Succession’, in R.F. Wilson and J. Carbone (eds.), International Survey of Family Law 2022, Intersentia, Cambridge 2022, pp. 329-356. ISBN 978-1-83970-264-8

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

Moosa, N and Abduroaf, M. 2022. The New Framework Planned for the Legal Recognition and Regulation of Muslim Marriages in a Secular South Africa: From Litigation to Law Reform, AHKAM: Jurnal Ilmu Syariah, Volume 22, Number 1, p 1-34. Published 20 June 2022. Pdf copy available at https://journal.uinjkt.ac.id/index.php/ahkam/article/view/26076/10505

How Loud Is Too Loud? Competing Rights to Religious Freedom and Property and the Muslim Call to Prayer (Adhan or Azan) in South Africa

Najma Moosa Religions 2021, 12(5), 349; doi:10.3390/rel12050349

2020 Publications:

Book:

E-book version: N Moosa and S Dangor Muslim Personal Law: Evolution and Future Status (2019) (ISBN: 9781485127161) now available at https://www.vanschaik.com/ebook/5f4d0cb32e90d/

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

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: Associate Professor
Tel: 021 959 3314 / 081 270 7585
Email: mabduroaf@uwc.ac.za

Qualifications:
LLD (Constitutional Theory) University of the Western Cape [2018]
LLM (International Law) University of the Western Cape and Humboldt University [2011]
LLB (South African Law) University of the Western Cape [2010]
LLB (Shariah Law) Islamic University of Madinah [2005]
Diploma (Arabic Linguistics) Islamic University of Madinah [2001]

Biography:

Prof Muneer Abduroaf is an Associate Professor at the University of the Western Cape, Department of Private Law. He is both an Admitted Attorney and a Sworn Translator of the High Court of South Africa. He is also a Marriage Officer for the South African Department of Home Affairs.

Prof Muneer Abduroaf is a CRL Rights Commissioner appointed by the President of South Africa to promote and protect Cultural, Religious and Linguistic rights. The CRL Rights Commission is a Chapter 9 Institution in terms of the South African Constitution.

Prof Muneer Abduroaf’s academic qualifications include an LLD Law Degree in Constitutional Theory, an LLM Law Degree in International Law, an LLB Law Degree in South African Law, and an LLB Law Degree in Shariah Law.

Prof Muneer Abduroaf currently lectures:
1. Law of Succession 211 (Lecturer and Module Convenor),
2. Family Law 121 (Lecturer and Module Convenor),
3. Muslim Personal Law 431 (Guest Lecturer for the Islamic Law of Succession), and
4. Islamic Law and Jurisprudence 811 (Guest Lecturer for the Islamic Law of Succession).

Publications:

JOURNAL ARTICLES [PEER REVIEWED]

Abduroaf M and Moosa N ‘A brief analysis of the judgement in Women’s Legal Centre Trust v President of the Republic of South Africa and Others (CCT 24/21) [2022] ZACC 23’ (2023) PER / PELJ (26)(1) 1 15 available at https://perjournal.co.za/article/view/14595

Abduroaf M ‘An analysis of difference of religion as a disqualification from inheriting in terms of the Islamic law of succession: A South African case study’ (2023) Obiter (44)(3) 575 583 available at https://obiter.mandela.ac.za/article/view/16963

Abduroaf M ‘An analysis of the application of section 2B of the Wills Act 7 of 1953 to married Muslim couples who subsequently divorce’ (2023) SLR (34)(1) 210 218 available at https://doi.org/10.47348/SLR/2023/i1a10

Abduroaf M ‘The possible impact of the Wilsnach v m [2021] 1 ALL SA 600 (GP) judgment on the right of an absent muslim parent to inherit in terms of an Islamic will’ (2023) JCLA 10(2) 204 2014 available at https://doi.org/10.47348/JCLA/v10/i2a7

Abduroaf M ‘Divorce and Dissolution of Muslim Marriages: A Historical Analysis of the Position of a Muslim Wife Seeking Divorce in the South African Legal Context’ (2023) Pakistan Journal of Women's Studies: Alam-e-Niswan (30)(1) 17 31 available at https://pakistanwomenstudies.com/index.php/pjws/article/view/147

Abduroaf M and Moosa N ‘An analysis of the right of a Muslim widow to claim maintenance in terms of section 1 of the Maintenance of Surviving Spouses Act 27 of 1990’ (2023) TSAR (2) 302 315 available at https://doi.org/10.47348/TSAR/2023/i2a7

Abduroaf M ‘An analysis s 5A of the Divorce Act 70 of 1979 and its application to marriages concluded in terms of Islamic law’ (2023) 56 De Jure Law Journal 1 12 available at https://www.dejure.up.ac.za/abduroaf-m-2023

Abduroaf M ‘A comparative analysis between the Customary and Islamic laws of intestate succession with regard to discrimination: a South African constitutional law case study’ (2022) 30(2) Jurnal Syariah 30 53 available at https://ejournal.um.edu.my/index.php/JS/article/view/35842

Abduroaf M ‘A Brief Analysis of the Status of a Transgender Beneficiary for Purposes of an Islamic Will Within the South African Context’ (2022) African Journal of Gender and Religion (28)(1) 49 61 available at https://journals.uj.ac.za/index.php/ajgr/article/view/2230

Moosa N and Abduroaf M ‘The New Framework Planned for the Legal Recognition and Regulation of Muslim Marriages in a Secular South Africa: From Litigation to Law Reform’ (2022) Ahkam Jurnal Ilmu Syariah (22)(1) 1 34 available at https://journal.uinjkt.ac.id/index.php/ahkam/article/view/26076

Abduroaf M ‘An Analysis of the Application of s 4A of the Wills Act 7 of 1953 with regard to Muslims Married within the South African context’ (2022) Obiter (43(2) 178 186 available at http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1682-58532022000200009

Abduroaf M ‘An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: a South African case study’ (2021) (8)2 Journal of Comparative Law in Africa 63 73 available at https://www.jutajournals.co.za/an-analysis-of-the-right-of-muslim-adopted-children-to-inherit-from-their-deceased-parents-in-terms-of-the-law-of-succession-a-south-african-case-study/

Abduroaf M ‘An Analysis of the Right of a Muslim Spouse to Claim Pension Interest Subsequent to Divorce: A South African Case Study’ (2021) 9 Electronic Journal of Islamic and Middle Eastern Law 1 8 available at https://www.zora.uzh.ch/id/eprint/203377/

Abduroaf M ‘An Analysis of the Right of a Muslim Child Born Out of Wedlock to Inherit from His or Her Deceased Parent in terms of the Law of Succession: A South African Case Study’ (2021) 42(1) Obiter Law Journal 126 135 available at https://obiter.mandela.ac.za/article/view/11060

Abduroaf M ‘Application of the Islamic Law of Succession in South Africa’ (2020) 41(2) Obiter Law Journal 396 409 available at https://journals.co.za/doi/10.10520/EJC-20b7700a30?TRACK=RSS

Abduroaf M ‘An Analysis of the Islamic Law Based Developments in the South African Law of Succession’ (2020) 16(1) Manchester Journal of Transnational Islamic Law and Practice 143 161 available at https://www.electronicpublications.org/stuff/787

Abduroaf M ‘Comparing the Application of the Islamic Law of Succession and Administration of Estates in Singapore with South Africa’ (2020) 41(1) Obiter Law Journal 122 135 available at https://journals.co.za/

Abduroaf M ‘An Analysis of the Rationale Behind the Distribution of Shares in terms of the Islamic Law of Intestate Succession’ (2020) 53 De Jure Law Journal 115 122 available at http://www.scielo.org.za/.

Abduroaf M ‘The Impact of the South African Law of Succession and Administration of Estates on South African Muslims’ (2019) 7(2) Jurnal Syariah 321 366 available at https://ejournal.um.edu.my/index.php/JS/article/view/21596

Abduroaf M ‘A Constitutional Analysis of an Islamic Will within the South African Context’ (2019) 52(2) De Jure Law Journal 257 266 available at http://www.dejure.up.ac.za/index.php/volumes/2019/articles-vol-52/abduroaf-m

Abduroaf M ‘An Analysis of Renunciation in terms of s 2(C)(1) of the Wills Act 7 of 1953 in light of the Moosa NO and Others v Harnaker and Others judgment’ (2019) 7 Electronic Journal of Islamic and Middle Eastern Law 15 21 available at https://www.zora.uzh.ch/id/eprint/171093/

Abduroaf M and Moosa N ‘Muslim Marriage and Divorce in Sri Lanka: Aspects of the Relevant Jurisprudence’ (2016) vol 4 Electronic Journal of Islamic and Middle Eastern Law 98 108 available at https://www.zora.uzh.ch/id/eprint/128809/

Moosa N and Abduroaf M ‘Faskh (Divorce) and Intestate Succession in Islamic and South African Law: Impact of the Watershed Judgment in Hassam v Jacobs and the Muslim Marriages Bill’ (2014) Acta Juridica 160 191 available at https://heinonline.org/HOL
Republished in 2019
Moosa N and Abduroaf M ‘Faskh (Divorce) and Intestate Succession in Islamic and South African Law: Impact of the Watershed Judgment in Hassam v Jacobs and the Muslim Marriages Bill’ in De Waal M and Paleker M (2014) South African Law of Succession and Trusts – The Past Meeting the Present and Thoughts for the Future 160 191 Juta: Cape Town available at
Republished in 2019
Moosa N and Abduroaf M ‘Faskh (Divorce) and Intestate Succession in Islamic and South African Law: Impact of the Watershed Judgment in Hassam v Jacobs and the Muslim Marriages Bill’ in Moosa N and Dangor S Muslim Personal Law in South Africa – Evolution and Future Status Chapter 19, 329 359 Juta: Cape Town

Abduroaf M ‘Evolution of Muslim Personal Law in the South African Constitutional Dispensation’ (2013) 54 Nederduitse Gereformeerde Teologiese Tydskrif 6 11 available at https://ngtt.journals.ac.za/pub/article/view/284

CHAPTERS IN BOOKS [PEER REVIEWED]

Moosa N and Abduroaf M ‘Implications of the Official Designation of Muslim Clergy as Authorised Civil Marriage Officers for Muslim Polygynous, Interfaith and Same-Sex Marriages in South Africa’ (2017) in Brinig M and Banda F (eds) The International Survey of Family Law Bristol: Lexis Nexis 323 359 available at https://heinonline.org/HOL/
Republished in 2019
Moosa N and Abduroaf M ‘Implications of the Official Designation of Muslim Clergy as Authorised Civil Marriage Officers for Muslim Polygynous, Interfaith and Same-Sex Marriages in South Africa’ in Moosa N and Dangor S (2019) Muslim Personal Law in South Africa – Evolution and Future Status Chapter 12, 190 227 Juta: Cape Town

Abduroaf M and Moosa N ‘Islamic Law Mode of Estate Distribution in South Africa’ (2016) in Atkin B and Banda F (eds) International Survey of Family Law United Kingdom: Jordan Publishing 457 479 available at https://heinonline.org/HOL/

OTHER PUBLICATIONS

Abduroaf M ‘An overview of the recent Constitutional Court judgement regarding Muslim marriages’ Muslim Views 4 August 2022 available at https://muslimviews.co.za

Abduroaf M ‘Analysis of the Women’s Legal Centre Trust case’ (2020) De Rebus - SA Attorneys Journal, July 2020, 33 -34 available at http://www.derebus.org.za/analysis-of-the-womens-legal-centre-trust-case/

Abduroaf M ‘Limitations on the Freedom of Testation’ [Part 2 of 2] (2020) Without Prejudice, Volume 20 Number 5, June 2020, p. 47 – 48 available at https://www.withoutprejudice.co.za/free/article/6977/view

Abduroaf M ‘Limitations on the Freedom of Testation’ [Part 1 of 2] (2020) Without Prejudice, Volume 20 Number 4, May 2020, p. 25 - 26 available at https://www.withoutprejudice.co.za/free/article/6926/view

Abduroaf M ‘An Analysis of the Consequences of an Islamic Divorce in Light of the Faro v Bingham and Others Judgment’ (2019) Without Prejudice, Volume 19 Number 9, Oct 2019, p. 31 - 32 available at https://www.withoutprejudice.co.za/free/article/6701/view

Abduroaf M ‘The Effect of Sunni Schools of Law in Reinforcing Peace and Compassion: A South African Case Study with Regard to Attempt to Enact Muslim Personal’ (2019) Mohammed VI Foundation of African Oulema available at https://www.fm6oa.org/en/the-effect-of-sunni-schools-of-law-in-reinforcing-peace-and-compassion-a-south-african-case-study-with-regard-to-attempt-to-enact-muslim-personal-by-muneer-abduroaf/

Abduroaf M ‘The Impact of South African Law on the Islamic Law of Succession’ LLD Thesis (2018) available at http://hdl.handle.net/11394/6211

Abduroaf M ‘Truth Commissions: Did the South African Truth and Reconciliation Commission serve the purpose for which it was established?’ (2010) available at http://hdl.handle.net/11394/1650

Networks:

Acta Juridica
Peer Reviewer (2022)
African Journal of Gender and Religion
Peer Reviewer (2018)
Association of Muslim Accountants and Lawyers (AMAL)
Member (25 February 2019 - Current)
CRL Rights Commission (CRL) Chapter 9 Institution
Commissioner, appointed by the President of South Africa (1 July 2019 - 30 June 2024)
Golden Key International Honour Society (GKIHS)
Member (2007 - Current)
Harvard Law School Journal (Cambridge) Islamic Legal Studies programme
Peer Reviewer (2018)
Harvard Journal of Islamic Law
Peer Reviewer (2019)
Highlands Waqaf Trust (HWT)
Incorporating a Mosque and Islamic School based in the Western Cape
Trustee (21 February 2013 - Current)
International Peace College South Africa
Senior Guest Lecturer BA (2015 Present)
Senior Guest Lecturer BA Hons (2016 and 2022)
External Examiner Honours and Master’s Thesis
International Network of Scholars Researching Unregistered Marriages (INSRUM)
Based at the School of Law, De Montfort University Leicester
Member (1 May 2018 - Current)
Islam and Christian-Muslim Relations (ICMR Journal)
Peer Reviewer (2022)
Journal for Juridical Sciences (JJS)
Peer Reviewer (2022)
Journal of Anti-Corruption Law (JACL)
Peer Reviewer (2020)
Law Democracy and Development Journal (UWC)
Peer Reviewer (2016)
Manchester Journal of Transnational Islamic Law & Practice
Associate Editor (2020)
Assistant Editor (2021 to Present)
Peer Reviewer (2021)
Muslim Judicial Council (SA)
General Member (1 April 2018 - Current)
Executive Council Member (2011 - 2018)
Muslim Judicial Council (SA) Mediation and Arbitration Department
Based in the Western Cape
Senior Advisor (1 April 2015 - Current)
Muslim Judicial Council (SA) Fatwa Department
Based in the Western Cape
Senior Advisor (1 April 2021 - Current)
Nelson Mandela Metropolitan University, Faculty of Applied Language Studies
Peer Reviewer (2015)
Obiter Law Journal
Peer Reviewer (2015 and 2021)
Potchefstroom Electronic Law Journal
Peer Reviewer (2018 and 2021)
South African Human Rights Journal
Peer Reviewer (2019)
Stellenbosch University Law Faculty
External Examiner LLM Thesis (2018)
University of Cape Town (UCT)
External Examiner for PhD Thesis (2021) Arbiter
External Examiner for the RDL4603S Elective Module (1 March 2019 - 28 February 2023)
External Examiner for the RDL4603S Elective Module (2018)
University of South Africa
External Examiner LLM Thesis (2021)
University of KwaZulu Natal Law Faculty
External Examiner LLM Thesis
University of the Western Cape Faculty of Law (UWC)
Senior Lecturer (1 January 2020 - Current)
Lecturer (1 January 2015 - 31 December 2019)
Associate Lecturer (1 January 2014 – 31 December 2014)
Graduate Lecturing Assistant (1 January 2013 – 31 December 2013)
Guest Lecturer (2012 for MPL)
Internal Examiner for LLM Thesis (2019, 2020 and 2021)
Internal Examiner LLB Research Papers (2020, 2021, 2022)
University of Witwatersrand Law Faculty
External Examiner for LLM Thesis (2018 and 2019)

Position: Associate Professor
Tel: 27 21 959 2381
Email: doriakhogba@uwc.ac.za

Qualifications:
PhD (UCT); LLM, LLB (UNIBEN);

Biography:

Desmond Oriakhogba is an Associate Professor, Department of Private Law, Faculty of Law, University of the Western Cape, Cape Town, South Africa. He is a Barrister and Solicitor of the Supreme Court of Nigeria. He obtained his PhD from the University of Cape Town (UCT), South Africa; and Master of Laws (LLM) and Bachelor of Laws (LLB) degrees from the University of Benin, Nigeria. He is a Queen Elizabeth Scholar (awarded by the Canadian government). He is also an expert collaborator with international research networks, including the Open African Innovation Research Network, and the International Network on the Right to Research in International Copyright; and nationally with UCT’s SARChI Chair on Intellectual Property, Innovation and Development. Desmond is an independent consultant for the World Intellectual Property Organization (WIPO) where he tutors participants under WIPO Academy’s distance learning programs. He is an associate editor of the South African Intellectual Property Law Journal, and was a visiting researcher in the Centre for Technology, Law and Society, Faculty of Law, University of Ottawa, Canada. His research interest centers broadly on legal regimes, such as intellectual property law, competition law, the intersection between emerging technologies and law, indigenous knowledge systems, and international human, that can be utilized to regulate and govern innovation for the promotion of the public interest.

Publications (selected):

Books

a. Authored Books

1. DO Oriakhogba The Right to Research in Africa: Exploring the Copyright and Humans Rights Interface (Springer, 2023)

2. DO Oriakhogba Copyright, Collective Management Organisations, and Competition in Africa: Regulatory Perspectives from Nigeria, South Africa and Kenya (Cape Town: JUTA, 2021).

3. DO Oriakhogba & IA Olubiyi Intellectual Property Law in Nigeria: Emerging Trends, Theories and Practice (Benin City: Paclerd Press, 2021)

b. Edited books

1. CB Ncube, D Oriakhogba, T Schonwetter, & I Rutenberg (eds.) Artificial Intelligence and the Law in Africa (LexisNexis, 2023) forthcoming.

2. NE Ojukwu-Ogba, DO Oriakhogba, SO Oyakhire & NE Unuigbe (eds.) Guide to Graduate Research: Projects, Dissertations and Theses 2ed. (Benin City: Ambik Press, 2021)

Book Chapters

1. DM Chirwa & DO Oriakhogba ‘Access to the Internet as a Human Right’ in DM Chirwa and CB Ncube (eds.) The Internet, Development, Human Rights and the Law in Africa (Routledge, 2023) 23-52.

2. DM Chirwa & DO Oriakhogba ‘The Role of Regional Mechanisms for the Protection of Economic, Social and Cultural Rights’ in M Langford and KG Young (eds) The Oxford Handbook of Economic and Social Rights (Oxford University Press, 2023) forthcoming

3. DO Oriakhogba & L Ndlovu ‘Copyright, access to knowledge and SDG4 in Southern Africa’ in B Amani, C Ncube & M Rimmer Elgar Companion on Intellectual Property and the Sustainable Development Goals (Edward Elgar, 2023) forthcoming.

4. DO Oriakhogba & IA Olubiyi ‘Intellectual Property and Consumer Protection’ in F Monye, et al Compendium of Consumer Protection Law in Nigeria (Nigeria: Princeton & Associates Publishing Co. Ltd, 2022) 314-351.

5. DO Oriakhogba & AI Fenemigho ‘Exploring the Intellectual Property, Traditional Cultural Expression, and Gender Dimensions of the Benin Bronze Casting Art: An Agenda for Research’ in FFO Orunmwense, et al National Development and Human Security (Benin: University of Benin, 2019) 84-105.

Colloquium/Conference proceedings

DO Oriakhogba ‘Regulation of Collective Management Organisations in South Africa’ (2019) 10 WIPO-WTO Colloquium Papers 171-187.

AO Oyewunmi, JJ Kur, IA Olubiyi, DO Oriakhogba & OA Ayanleye ‘Intellectual Property Teaching and Research in Nigeria: Emerging Issues and Future Directions’ (2021) in A Olatubosun & SO Akintola Nigerian Association of Law Teachers Conference Proceedings 2019 (2021) 423-447.

Articles in peer-reviewed journals

DO Oriakhogba, CI Okorie & LS Lavhengwa ‘South African dagga: piping on the related intellectual rights and indigenous knowledge systems’ (2023) International Journal of Intellectual Property Management. Forthcoming (accepted for publication)

DO Oriakhogba ‘Repatriation of ancient Benin bronzes to Nigeria: reflection on copyright and related issues’ (2022) 17(10) Journal of Intellectual Property law and Practice 823-833.

A Adewopo, DO Oriakhogba & CI Okorie ‘Negotiating the Intellectual Property Protocol under the African Continental Free Trade Agreement: Priorities and Opportunities for Nigeria’ (2022) 15(1) Law and Development Review 33-62.

DO Oriakhogba ‘DABUS gains territory in South Africa and Australia: revisiting the AI-inventorship question’ (2021) 9 South African Intellectual Property Law Journal 87-108.

DO Oriakhogba & GK Adeola-Adedipe ‘Posthumous control of copyright, its limitations and the public interest’ (2021) 8(2) Journal of Comparative Law in Africa 32-62.

DO Oriakhogba & CI Okorie ‘Multi-territorial Digital Copyright Licensing within the AfCFTA: Considerations for Appropriate Guiding Principles’ (2021) 43(11) European Intellectual Property Review 710-720.

DO Oriakhogba ‘What if DABUS came to Africa? Visiting AI Inventorship and Ownership of Patent from the Nigerian Perspective’ (2021) 42(2) Business Law Review 89-99.

IA Olubiyi & DO Oriakhogba ‘Implications of the Nigerian Broadcasting Code on Broadcast Copyright and Competition’ (2021) 70(7) GRUR International – Journal of European and International IP Law 644-655.

DO Oriakhogba ‘Applying Competition Regime to Collective Management Organizations in Nigeria: Lessons from US and EU Law’ (2020) 1(1) Journal of Contemporary Commercial and Industrial Law 1-32 (UNIPORT).

CB Ncube, BE Reid & DO Oriakhogba ‘Beyond the Marrakesh VIP Treaty: typology of copyright access-enabling provisions for persons with disabilities’ (2020) 23(3-4) Journal of World Intellectual Property 149-165.

DO Oriakhogba ‘Empowering rural women crafters in KwaZulu-Natal: the dynamics of intellectual property, traditional cultural expressions, innovation and social entrepreneurship’ (2020) 137(1) South African Law Journal 145-172.

DO Oriakhogba ‘Reflections on the San and Khoi Rooibos Benefit-Sharing Agreement’ (2019) 6 Benin Journal of Public Law 356-360 (Comment).
DO Oriakhogba ‘Collective Management of Copyright in Nigeria: Should it Remain Voluntary, may it be Mandatory or Extended?’ (2019) 6 NIALS Journal of Intellectual Property 43-75.

DO Oriakhogba & EO Erhagbe ‘How the Nigerian Supreme Court finally resolved the copyright collective management organizations’ locus standi conundrum’ (2019) 14(6) Journal of Intellectual Property Law and Practice 472-476.

DO Oriakhogba ‘Copyright collective management organizations in Nigeria: the locus standi conundrum resolved?’ (2019) 14(2) Journal of Intellectual Property Law and Practice 127-135.

DO Oriakhogba ‘Exploring the competition dynamics of copyright collective management towards restructuring of musical copyright administration in Nigeria’ (2018) 3 National Open University of Nigeria Law Journal 161-183.

DO Oriakhogba 'Bringing the WIPO Internet Treaties, Audiovisual Performances and Marrakesh VIP Treaties in Tune with the Access to Knowledge and Development Demands in Nigeria' (2018) 5(1) ABUAD Journal of Public and International Law 44-57.

CB Ncube & DO Oriakhogba ‘Monkey selfie and authorship in copyright law: the Nigerian and South African perspectives’ (2018) 21 Potchefstroom Electronic Law Journal 1-35

DO Oriakhogba ‘The scope and standard of originality and fixation in Nigerian and South African copyright law’ (2018) 2(2) African Journal of Intellectual Property 119-135.

DO Oriakhogba ‘Case Comment: Delhi University Photocopy Case from Nigerian and South African Contexts’ (2018) 3 Journal of Intellectual Property Law 21-30 (Centre for IPR, Nirma University, India).

FO Osadolor & DO Oriakhogba ‘Locus Standi in Election Petitions in Nigeria: Quo Vadis?’ (2017) 8(1) Ebonyi State University Law Journal 263-276.

DO Oriakhogba & FO Osadolor ‘Musings on the Fair use/Fair Dealing Exception to Copyright: Nigeria and South Africa in Focus’ (2017) 8(1) Ebonyi State University Law Journal 141-153.

AI Fenemigho & DO Oriakhogba ‘Making the Nigerian patent system more efficient through pre-grant opposition mechanisms: Lessons from India and Botswana’ (2016) 4 South African Intellectual Property Law Journal 64-92.

DO Oriakhogba & FO Osadolor ‘Protecting Socio-economic Rights in Nigeria: Any Lesson from South Africa?’ (2016) 7(1) Ebonyi State University Law Journal 232-248.

B Bazuaye & DO Oriakhogba ‘Combating Corruption and the Role of the Judiciary in Nigeria: Beyond Rhetoric and Crassness,’ (2016) 42(1) Commonwealth Law Bulletin 125-147.

DO Oriakhogba ‘Authorship, Ownership and Enforcement of Copyright: the Nigerian Situation.’ (2015) 3 South African Intellectual Property Law Journal 40-54.

JO Odion & DO Oriakhogba ‘Copyright Collective Management Organizations in Nigeria: Resolving the Locus Standi Conundrum.’ (2015) 10(7) Journal of Intellectual Property Law and Practice 518-525.

Networks:

International Network on the Right to Research in International Copyright, Program on Information Justice and Intellectual Property (PIJIP), American University Washington College of Law, USA
Open Africa Innovation Research Network (Open AIR)
Global Expert Network on Copyright User Rights, Program on Information Justice and Intellectual Property (PIJIP), American University Washington College of Law, USA
Expert Advisory Group for the Regional Research and Advocacy Coalition for Africa coordinated by the Electronic Information for Libraries’ (eIFL) and the University of South Caroline, USA under the project: “Contributing to Public Interest Copyright Policy at WIPO Promoting Access to Knowledge and the Right to Research”

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

Qualifications:
LLB (South African Law) University of the Western Cape [2021]
LLM (International Human Rights Law) University of the Western Cape [2023]
LLD (International Human Rights Law) University of the Western Cape [2023 - Present]

Biography:

Mr Mohamed Hoosain Sungay is currently a Lecturer in the Department of Private Law at the University of the Western Cape (UWC). The focus modules he lectures include the Law of Persons and Family Law for second-year law students. He is also a guest lecturer for the Muslim Personal Law final LLB year elective module.

Mohamed is currently pursuing his LLD studies at UWC, with his research area focused on the extent of religious entanglement prevalent within the South African judiciary and the effects thereof. He completed both his LL.B and LL.M degrees at UWC. Mohamed completed a one-year intensive course in 2021 at the International Peace College of South Africa (IPSA) in the field of Islamic Inheritance (Meerath). After his successful completion of this course, he obtained accreditation to administer and execute Islamic wills.

Mohamed currently serves on numerous non-profit organizations and editorial boards in his free time with the aim of giving back to the broader community, and be of a benefit to society.

Deans Merit List award in 2018
An invitation to the Golden Key Honorary Society in 2019
Student mentorship award in the Top Achievers Mentorship Program in 2020.

Publications:

Sungay MH ‘Constitutional Legitimacy of Islamic Law of Wills in South Africa’ (2022) 17(1) Manchester Journal of Transnational Islamic Law & Practice 52-65 available at https://www.electronicpublications.org/stuff/889
Sungay MH and Booley A ‘Case in point South Africa: A brief overview of whether Islam is deemed less tolerant of women’s rights than other faiths and cultures?’ (2023) 1(2) Journal of Islamic History and Literature 59–74 available at http://jomardpublishing.com/UploadFiles/Files/journals/IHL/V1N2/SungayBooley.pdf
Sungay MH ‘Do women face discrimination under the Islamic law of succession? An examination of the male-preferential 2:1 rule of inheritance’ (2023) 27(1) Law Democracy & Development 450-467 available at https://ldd.org.za/Current-volume.html

Networks:

Manchester Journal of Transnational Islamic Law & Practice (MJTILP)
Assistant Editor (2022- Present)
African Student Law Journal (ASLJ)
Editor (2023 – Present)
Islamic Legal Pluralism Project (ILPP)
Unit member and Administrator (2024 – Present)
Dynamic Ayd NPC
Director (2022 – Present)
Muslim Judicial Council Forum (MJC)
Association of Muslim Accountants & Lawyers (AMAL)

Administrative Staff

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

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Sue-Mari Viljoen - NRF C-rated Researcher (2023-28)

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Anthony C. Diala - NRF C-rated Researcher (2021-26)

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Ashraf Booley

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Carmel Jacobs

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Latiefa Manie

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Lea Mwambene - NRF C-rated Researcher (2020-25)

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Najma Moosa - NRF C-rated Researcher (2018-23)

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Nkanyiso Sibanda

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Yeukai Mupangavanhu

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Sue-Mari Viljoen - NRF C-rated Researcher (2023-28)

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Alvizo Miggels

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Muneer Abduroaf - NRF C-rated Researcher (2024-29)

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Desmond Oriakhogba

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Mohamed Hoosain Sungay

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Ms Magdalene Nelson

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