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Speculum Juris


Vol 37, Number 2 (2023)

Speculum Juris Law Journal 


Speculum Juris is an open access journal of law published by the Faculty of Law of the University of Fort Hare. The journal publishes a range of well-written, original scholarly works covering a wide range of legal issues of contemporary relevance. 

The journal is accredited by the National Department of Higher Education and Training. All articles submitted for publication are subject to anonymous peer review by experts in the relevant fields.

The articles published in the journal do not necessarily reflect the opinion of the editors or of the School of Law.


Prof Patrick Osode

Prof Patrick Osode

Managing Editor | Speculum Juris Law Journal

ISSN 2523-2177


Speculum Juris Law Journal | Vol 37, Number 2 (2023)


The Nature and Scope of Private Participation in the Performance of State Functions in South Africa, and its Potential to Infringe Individual Fundamental Rights: Recent Developments – by Gerrit Ferreira and Anel Ferreira-Snyman (27 pages @ 211-237)

A Comparative Analysis of the Criminalisation of Cartel Conduct in South Africa – by Simbarashe Tavuyanago (22 pages @ 238-259)

A South African Perspective on the Independence of the Judiciary in the Promotion of Human Rights for the Advancement of the “Rule of Law” in Africa (Part One) – by Nomthandazo Ntlama-Makhanya (13 pages @ 260-272)

Broad-Based Black Economic Empowerment: Transformation of the Ownership Structure of Law Firms – by Jeannine van de Rheede (16 pages @ 273-288)

The Bill of Rights and State Liability for Medical Negligence: A Case for Judicial Development of the Common Law (Part 2) – by Bernard Wessels and Georgia Speechly (19 pages @ 289-307)

A Case for Specialised Insolvency and Business Rescue Courts in South Africa – by Kudzai Mpofu and Hermanus J Moolman (16 pages @ 308-323)

Intolerability of the Employment Relationship in the Context of Constructive Dismissal: An Analysis of Recent Judgments from South Africa, Namibia, Lesotho and Eswatini/Swaziland (Part 2) - by Chuks Okpaluba and TC Maloka (19 pages @ 324-342)

An Examination of the Link Between Economic Development and the Enforcement of Socio-economic Rights in Nigeria – by Katlego Arnold Mashego (17 pages @ 343-359)

Using Discipline as a Method of Retribution and Deterrence of Unethical Behaviour of Legal Practitioners in Namibia: How Does it Compare with Ghana? - by Marvin Awarab (18 pages @ 360-377)

Post-Appeal Measures to Address Wrongful Convictions/ Miscarriages of Justice in the Republic of Ireland – by Jamil Ddamulira Mujuzi (19 pages @ 378-396)

Notes and Comments

The Supreme Court of Appeal Limits the Deduction of Expenditure Incurred in the Production of the Income: The Commissioner for the South African Revenue Service v Spur Group (Pty) Ltd [2021] ZASCA 145 – by Thabo Legwaila (13 pages @ 397-409)

An Assessment of Some Sticky Issues in the Regulation of Schemes of Arrangement through the Lense of Sand Grove Opportunities Master Fund Ltd and Others v Distell Group Holdings Ltd and Others [2022] 2 All SA 855 (WCC) – by Justice Mudzamiri (17 pages @ 410-426)

Protesting Is Not a Right Reserved for the Rich: A Commentary on The Right to Know Campaign and Others v City Manager of Johannesburg Metropolitan Municipality and Another (49197/2021) [2022] ZAGPJHC 388 (10 June 2022) – by Fanelesibonge Mabaso (11 pages @ 427-437)

Speculum Juris Law Journal

Editorial Board

Speculum Juris Law Journal
ISSN 2523-2177

Hon Mr. Justice D Moseneke
Professor W T Twining
Hon Mr. Justice C M Plasket
Professor G Devenish
Professor S Liebenberg
Hon Justice Dr. W. Mutunga
Professor E Knoetze
Professor JR Midgley
Professor B.J Holden-Smith
Professor T Monsoor

Speculum Juris Law Journal


Peer-review Policy

The journal employs a strict double-blind peer review process in which the reviewers’ names are withheld from the author and, the author’s name from the reviewers. The reviewer may, however, elect to reveal their name to the author in their review.


 All parties who have made a substantive contribution to the article or other submission should be listed as authors. Main authorship, authorship order and other publication credits should be based on the relative professional contributions of the individuals concerned. 


All individuals who have contributed to the article or made other contribution but do not meet the criteria for authorship should be duly acknowledged.


Declaration of conflicting interests

 By submitting articles and other papers, all authors warrant that they are submitting their own original work, that they have the rights in the work, that they are submitting the work for first publication in the journal and that their work is not being considered for publication elsewhere and/or has not already been published elsewhere, and that they have secured and are able to provide all the necessary permissions for the reproduction of any copyright works not owned by them.


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Prof Ntlama appointed as Acting High Court Judge

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Dr Fobosi | Power FM Podcast & Newzroom Africa TV Interview

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