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Overview

The Department of Private Law is one of the six departments in the School of Law at the University of Venda. It offers modules/courses ranging from first year to fourth year of study.  The core ears of teaching in this department are Law of persons, family law, Law of Property, law of Succession, Matrimonial Property and Divorce, Law of Contract. Law of Delict and Conflict of Laws. .

The following Modules are taught in the department:

Module Year Lecturer
Law of Persons (PER 1541) First year Adv GJ Joubert
Family Law (FAM 1641) First year Adv GJ Joubert
Law of Property (PRO 2541)

Second year

Adv TG Ramatsekisa
Law of Succession (SUC 2641)

Second year

Adv TG Ramatsekisa
Matrimonial Property and Divorce (MPD 2641)

Second year

Mr VM Mphahlele
Law of Contract (CRT 3541)

Third year

Mr VMphahlele
Law of Delict (DLT 3641)

Third year

Mr VMphahlele
Conflict of Laws (COF 4641)

Fourth year

Adv.MKMalepe (Choshi)

First Year Modules

Law of Persons (PER 1541)

Objective: Upon the completion of the course a student has acquired the necessary knowledge of the basic terminology and principles of the law of persons and is able to apply this knowledge to a practical set of facts. A student also has a thorough knowledge of the basic principles of the South African family law and is able to apply this knowledge on a practical level to wide range of factual situations.

Specific Outcomes:
A student will be able to

  • indicate the place of the law of persons in the wider legal system,
  • understand and use the basic principles underlying the law of persons,
  • explain the beginning and end of legal subjectivity, and
  • Understand and practically apply the factors which influence the status of a natural person, namely domicile, age, extra-marital status and economically-based impediments.


Family Law (FAM 1641)

Objective: Upon the completion of the course a student has acquired the necessary knowledge of the basic terminology and principles of the law of persons and is able to apply this knowledge to a practical set of facts. A student also has a thorough knowledge of the basic principles of the South African family law and is able to apply this knowledge on a practical level to wide range of factual situations.

Specific Outcomes:
Upon completion of the module a student will be able to

  • indicate the place of family law in the wider legal system,
  • understand and apply the legal requirements for engagement and marriage,
  • explain the personal and financial consequences of a valid marriage,
  • distinguish and critically evaluate the various matrimonial property law systems,
  • explain the principles that apply to the termination of a marriage, and

            and practically apply the relevant principles pertaining to parental authority

Second year

Law of Property (PRO 2541)

Purpose: A student who has completed this module will have the knowledge to apply the principles of law of things.

Specific outcomes
At the end of this module the student will be able to explain and apply the following aspects of the law of things:

  • basic concepts and principles
  • accession the distinction between real and personal rights
  • ownership       
  • sectional titles ad time-sharing
  • possession servitudes
  • real security
  • constitutional property law

Law of Succession (SUC 2641)

Purpose: A students who completed this module will have knowledge of the following and will be able to apply that knowledge:

  • Law on intestate succession
  • Testamentary capacity
  • Formalities in the execution of wills
  • Revocation and revival of wills
  • Content of wills (including usufruct, fideicommissum and trust)
  • Capacity of inherit
  • Substitution
  • Massing of estate
  • Accrual
  • Collation
  • Pactum successorium and puctum de non succedendo
  • Interpretation and ratification of wills
  • Internal and external conflict of laws in respect of succession
  • Administration of estates

Matrimonial Property and Divorce (MPD 2641)

Purpose: A student who completed this module will have knowledge of the following and will be able to apply that knowledge:

  • Introduction to the law of marriage
  • The invariable consequences of marriage
  • The variable consequences of marriage
  • The law relating to the separation of the spouse
  • Legislative framework on family reactions
  • The implications of the constitution on family relations

Specific outcomes
Students will be able to

  • apply law in the field of Labour Relations
  • apply law relating to relationship between legal subjects
  • apply law relating to natural persons
  • apply knowledge of the unit called family as the fibre of society

Third year

Law of Contract (CRT 3541)

Purpose: The student will be equipped with the basis principles of the Law of Contract. The basic principles of the Law of Contract, which include the requirements for a valid contract, the contents and operation of contracts, remedies of parties to a contract and termination of contracts, serve as necessary background knowledge to study the Nominate Contracts.

Specific outcomes:
The student will be able to

  • judge the validity and consequences of a contract;
  • apply the basic principles of the Law of Contract to factual situations; and
  • Give advice on the basic principles of the Law of Contract, Purchase and Sale, Lease, Suretyship and Credit Agreements.

Law of Delict (DLT 3641)

Purpose: The student who passes the course in the Law of Delict will have a sufficient knowledge and understanding of the law of delict to analyse delictual cases and disputes independently and form an opinion as to how the South African Courts are bound to deal with the case or dispute. This skill is cultivated right through the year by requiring students in class test and / or assignments, official tests and examinations to analyse real or fictional cases and write a legal opinion on them.

Specific outcomes
Students will be able to analyse and articulate cases dealing with the following:

  • General elements of a delict, namely, conduct, causation, damage, wrongfulness and fault.
  • Specific cases of patrimonial loss, such as injury or death of another, emotional shock, pure economic loss, manufacturer’s liability.
  • Specific cases of non-patrimonial loss, such as infringement of the right to bodily integrity, the dignity, the right to feelings, malicious prosecution, attachment or property, breach of promise, adultery, abduction, enticement and harbouring.
  • Forms of liability without fault.

Fourth year

Conflict of Laws (COF 4641)

Purpose: Conflict of Laws which is also known as Private International Law regulates the relationships between persons and their private engagements as against the Public International Law that regulates the relationships between nations. The course enables the student to determine the applicable law and the jurisdiction of court where foreign element is involved. It also plays a role in the determination of the enforcement of foreign judgment. It is a branch of domestic law of each legal system. It provides a mechanism, or more accurately, a series of interlocking mechanisms, for determining, where legal situations or relationships have links with more than one legal system, what courts or other authorities should have jurisdiction, what substantive law should apply, and what effects or recognition should be given to decisions taken, or legal acts accomplished, in accordance with other legal systems.
Specific Outcomes
At the end of the course, students are able to determine:

  • The applicable to different legal relationships and disputes such as marriage, contract, delict etc.
  • The jurisdiction of courts to try disputes involving foreign elements.
  • When a judgment obtained in a different country is enforceable in this country.
  • How such judgments are enforced.



Adv. Malepe: “Law and Language: Solutions for Multilingual Societies”, published in the AIDL-IALL Proceedings on Law, Language and Global Citizenship, (2009)

Mr MV Mphahlele: Published article in the US-China Law Review (2009) on “The Duty of the State to Eradicate the Legacy of Apartheid in South Africa versus Resistance to Change: Critical Analysis of the Chairperson’s Association Case. Also an article in the US-China Law Review on “Gender Violence: A Perception that the Law Discriminates in Favour of Women’ published by David Publishing Co”.

Adv. Ramatsekisa: Published an article in the US-China Law Review (2009) on “The Ban on Virginity Testing”

Samples of Publications by Prof AO Nwafor

Articles in Peer Reviewed Journals

Nwafor, A.O. (2013) The Unending Debate on the Contractual Effect of the Company’s Constitution: A Comparative Perspective
International Company and Commercial Law Review Issue 7 pp 261-272(UK)

Nwafor, A.O. (2013) Corporate Criminal Responsibility-A Comparative Analysis Journal of African Law Vol 57 No 1 pp 81- 107(UK)

Nwafor A.O. (2012)   Impracticability As A Ground For Court-Ordered
Company Meeting –In Whose Interest – A Comparative Perspective (PART 2) The Company Lawyer Issue 9 pp 27-32(UK)

Nwafor A.O. (2012)Impracticability as a Ground For Court-Ordered
Company Meeting –In Whose Interest – A Comparative Perspective (PART 1)
The Company Lawyer Issue 8 pp 18-22(UK)

Nwafor A.O. (2012) The Shifting Responsibilities of Company 
Directors –  How Desirable In Modern Times , Macquarie Journal of Business Law Vol 9 pp 121-141 (Australia)

Nwafor A.O. (2012) Clearing the Doubts on the Concept of Derivative Action- Lesotho Court of Appeal Decision in Concrete Roots (Pty) Ltd v Lebakeng Tigali
An Opportunity Lost Lesotho Law Journal Vol 19 No 1 pp 117- 146 (Lesotho)

Nwafor A.O. (2011) Unfair Prejudice Remedy-A Relief for the Minority
Shareholders- A Comparative Perspective
International Company and Commercial Law Review Issue 9 pp 285-293 (UK)

Nwafor A.O. (2011) Financial Assistance for the Purchase of Company’
Shares- The Search Continues for an Ideal Statutory Provision
Macquarie Journal of Business Law Vol 8 pp 1-25 (Australia)

Nwafor, A.O. (2010) Shareholder Derivative Action-Nigerian Statutory Innovation-Not  Yet a Victory for the Minority Shareholder
Macquarie Journal of Business Law Vol 7 pp 214-236 (Australia)

Nwafor, A.O. (2010) Comparative Perspective on Euthanasia in Nigeria and  Ethiopia African Journal of International and Comparative Law Vol 18 No 2 pp 170-191(UK)

Nwafor, A.O. (2010) Company Promoters and Enforcement of Pre- Incorporation Contracts South African Mercantile  Law Journal Vol 22 No 1 pp 66-78(RSA)

Adv Madumelja Kate Choshi“Law and Language: Solutions for Multilingual Societies” published in the AIDL-IALL Proceedings on Law, Language and Global Citizenship, (2009)

The following staff are attached in the Department of Private Law.

Designation Name Contacts
HOD

Adv. MK. Choshi
B.Iuris (Univen), LLB (Wits), LLM (Pret)

 

Tel: +27 15 962 8248

Email: kchoshi@univen.ac.za

Professor of Law

AO Nwafor
LLB (Hons) (Unijos), BL (Nig. Law Sch.), LLM (UNN), PhD (Unijos)

 

Tel: +27 15 962 8348

Email: Anthony.Nwafor@univen.ac.za

Senior Lecturer

Mr. MV. Mphahlele
B.Proc, LLB (Unin), LLM (Pret)

 

Tel: +27 15 962 8204

Email: maredi@univen.ac.za

Lecturer

Adv. TG. Ramatsekisa
LLB, LLM (Univen)

 

Tel: +27 15 962 8548

Email: tsietsir@univen.ac.za

Senior Lecturer

Adv. G. Joubert
BA (Law), LLB, LLM (Stell)

 

Tel: +27 15 962 8099

Email: gjjo@univen.ac.za