2011-NMMU-Research-Report - Research Management - Nelson ...

This monograph, a first for the Faculty, provided the basis for
another "first". With the support of the Department of Research
Management, the Faculty submitted a successful application
for the awarding of a SARChI Chair on the Law of the Sea and
Development in Africa. The Chair will undertake research on the
legal regime governing the South African maritime zones and the
exploitation of their resources, development in Africa and the law
of the sea, including relevant indigenous law, and marine tourism
law as a way to promote development.
All four departments within the Faculty finalised their research
themes aligned with the Faculty research theme of “legal research in
response to societal needs”. The golden thread, to wit, “law, equity
and justice”, is apparent. This culminated in interesting research
undertaken by some of our legal scholars that is aligned to this theme.
This includes, inter alia, the research of Prof Avinash Govindjee on
the assistance for the unemployed from a constitutional perspective,
arguing for the introduction of a right to work. Dr John Von Bonde’s
research dealt with the legal position of victims of crime in both
national and international law, dealing with the recognition of
restorative justice in the South African criminal justice system. He
also conducted research on certain aspects of the Prevention of
Organised Crime Act 121 of 1998 that aims to dislodge the fruits of
criminal activity from the hands of criminals.
Some of the academic staff started their doctoral studies in 2011.
Adv Razaana Denson, Mr David Abrahams and Ms Lynn Biggs are all
pursuing doctoral studies linked to this theme. Adv Denson’s LLD is a
comparative exposition of Islamic law relating to the Law of Husband
and Wife. Mr David Abrahams’ Doctoral thesis is on the meaning and
limits of the prohibition of collective punishment in International
Humanitarian Law and Human Rights Law. Ms Lynn Biggs’s LLD is an
evaluation of the impact of the Consumer Protection Act 68 of 2008
on the relationship between the franchisor and franchisee. More
detail on this exciting research around the theme of law, equity and
social justice will be featured elsewhere in this Annual Report.
With the support of the Department
of Research Management, the Faculty
submitted a successful application for the
awarding of a SARChI Chair on the Law of
the Sea and Development in Africa.
The Department of Private Law once again showcased their research
and organisational abilities with the hosting of the third
Private Law and Social Justice Conference. The conference was
organised by Prof André Mukheibir, HOD of Private Law.
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The highlight was the keynote dinner speech delivered by retired
Constitutional Court Justice Yvonne Mkgoro. Justice Mkgoro
emphasised the critical role that legal academics play in assisting
the courts by providing cutting-edge research that courts can rely
on in the delivery of judgments.
Other conferences and seminars included the Labour Law Seminars
organised by Prof Adriaan van der Walt, HOD of Mercantile Law and
Head of the Labour and Social Security Law Unit. Furthermore, a
symposium on anti-corruption was held in October 2011, organised
by Prof Deon Erasmus, HOD of Criminal and Procedural Law.
The Faculty of Law values and recognises the contributions made by
all its legal scholars, hence the Faculty held its third “Law Oscars” in
early December 2011. I would like to use this opportunity to thank
all the legal scholars in the Faculty who so tirelessly contributed to
our research mission and vision despite their challenging teaching
and engagement activities.
Prof Vivienne Lawack-Davids
Executive Dean: Faculty of Law