Director's Profile

Prof Lonias Ndlovu, Director School of Law

1. Title and name

Prof Lonias Ndlovu

2. Email, Landline and Office Number

lonias.ndlovu@univen.ac.za
Office F017
Tel: 015 962 8311/8512

3. Qualifications

i. Postgraduate diploma in Higher Education (UKZN-with Distinction) 2020
ii. Bachelor of Laws (LLB) (University of Fort Hare) 2003
iii. Master of Laws (LLM) (University of Fort Hare) 2005 by full and independent research in International Trade Law, dissertation title: International Trade and Environmental Governance in the WTO and NAFTA: Selected Thematic Lessons for SADC in Transition.
iv. Doctor of Laws (LLD) at the University of South Africa 2014, research in Intellectual Property Law. Thesis title: Access to Medicines under The WTO TRIPS Agreement: A Comparative Study of Select SADC Countries

4. Expertise

International trade law, intellectual property law, intellectual property and public health, corporate law

5. Professional and Academic Affiliations

Advocate of the High Court of South Africa, member of the Society of International Economic Law, member of the African International Economic Law Network, member of the South African Association of Intellectual Property Law and Information Technology Law Teachers and Researchers.

6. Publications (selected)

Lonias Ndlovu and P.C Osode, “Sexual Harassment and Employer Vicarious Liability: Grobler v Naspers Beperk en Samuels” (2004) 18 no.2 Speculum Juris 330.

Lonias Ndlovu “The E-C Asbestos Dispute and Its Implications for a Transforming SADC: Is the Dust Refusing to Settle?” (2006) 21 SA Public Law 246.

Lonias Ndlovu “An Assessment of the WTO Compliance of the Recent Regulatory Regime of South Africa’s Dumping and Anti-Dumping Law” (2010) Journal of International Commercial Law and Technology 29.

Lonias Ndlovu “Assessing the WTO Compliance of Selected aspects of South Africa’s International Trade Administration Amendment Bill” (2010) 31 Obiter 310.

Lonias Ndlovu and D. Iyer “Protecting Child Witnesses and Victims from ‘Undue’ Stress and Suffering in Criminal Trials: S V Mokoena” (2010) 1 Speculum Juris 124.

B.Mutanga, P.Mudali, I.Z Dlamini, S.S Xulu, Lonias Ndlovu, and M.O Adigun, “Challenges of Evidence Acquisition in Wireless Ad hoc Networks” (2010) IST-Africa Conference Proceedings 1-8.

Lonias Ndlovu, “Land Reform and Investment Protection after the Campbell Litigation: Can SADC Learn from NAFTA?” in Sylvia M. Kierkegaard and Patrick Kierkegaard (eds) (2010) Private Law: Rights, Duties and Conflicts 856 – 877 ISBN: 978-87-991385-8-6, Copenhagen: International Association of IT Lawyers.

Lonias Ndlovu “Following the NAFTA Star: SADC land reform and investment protection after the Campbell litigation” (2011) 15 Law, Democracy and Development.

Lonias Ndlovu, “The SADC Tribunal Review: Does the Tribunal Require Appellate Status?” in Sylvia M. Kierkegaard and Patrick Kierkegaard (eds) (2011) Law Across Nations: Governance, Policy and Statutes 901 – 910 ISBN: 978-87-991385-9-3, Copenhagen: International Association of IT Lawyers.

Lonias Ndlovu, “Land Reform and Investor Protection in the SADC Region” (2012) 15 (1) International Journal of Private Law 79-100.

Lonias Ndlovu and D. Iyer, “Protecting the Child Victim in Sexual Offences: Is there a Need for Separate Legal Representation?” (2012) 33 (1) Obiter 72.

Lonias Ndlovu, “Effects of the WTO Anti-Dumping Agreement on South African Case Law” in Sylvia M. Kierkegaard and Patrick Kierkegaard (eds) (2012) Law, Governance and World, Policy 502 – 514 ISBN: 978-87-994854-2-0, Copenhagen: International Association of IT Lawyers.

Lonias Ndlovu, “Remedying a Pedagogy of the historically disadvantaged: A case study of Law Teaching” (2013) 15 (1) The Anthropologist 1-11.

Lonias Ndlovu “South Africa and the World Trade Organisation Anti-Dumping Agreement Nineteen Years into Democracy” (2013) 28 South African Public Law 281-309.

Lonias Ndlovu, “South African Patent Law and access to Medicines” in Sylvia M. Kierkegaard and Patrick Kierkegaard (eds) (2013) Law and Practice: Critical Analysis and reasoning 687–696, Copenhagen: International Association of IT Lawyers.

Lonias Ndlovu, “Effects of the WTO Anti-Dumping Agreement on South African Case Law” (2014) 4 International Journal of Public Law and Policy 147-160.

Lonias Ndlovu “South African Patent Law and Access to Medicines 20 Years into Democracy” (2014) 28 (2) Speculum Juris 70-99.

Lonias Ndlovu “Lessons for the SADC from the Indian case of Novartis Ag v Union of India” (2015) Vol 18 no.3 Potchefstroom Electronic Law Journal 783-815.

Lonias Ndlovu and Amos Saurombe “Theories of Intellectual Property and access to Medicines in the Southern African Development Community (SADC)” (2016) 37 Obiter 599-616.

Lonias Ndlovu “Why South Africa Should Introduce Patent Searches and Substantive Examinations to Improve Access to Essential Medicines” (2016) Research Papers from the 2015 WIPO-WTO Colloquium for Teachers of Intellectual Property Law 73-80.

Lonias Ndlovu “Domesticating World Trade Organisation (WTO) Trade Related Aspects of Intellectual Property Rights (TRIPS) Flexibilities to Access Essential Medicines: Any Lessons for the SADC from Botswana?” (2017) 1 The Comparative and International Law Journal of Southern Africa 347-372.

Lonias Ndlovu and Amos Saurombe “Patient Rights vs Patent Rights: Access to Medicines Lessons for South Africa Seventeen Years after Doha” (2017) 31 (1) Speculum Juris 60 – 95.

Hezekiel Oira and Lonias Ndlovu, “The dichotomy between signal and content as basis of broadcast copyright: a Kenyan and South African perspective” (2018) 39 (2) Obiter 399 –429.

Hezekiel Oira, Lonias Ndlovu, Desan Iyer and Ben Sihanya “A Commentary on Broadcast Copyright Protection in Kenya and South Africa Against the Prism of WIPO Negotiations on The Rights of Broadcasters” (2020) South African Intellectual Property Law Journal 80-108.

Lonias Ndlovu “Enhancing the value of Patents as Corporate Assets in South Africa: How can Artificial Intelligence (AI) Assist?” Potchefstroom Electronic Law Journal (PELJ) 2021(24) – DOI http://dx.doi.org/10.17159/1727-3781/2021/v24i0a10736

Nqobizwe Mvelo Ngema and Lonias Ndlovu “The Custody of Minor Children during the Dissolution of Marriages: A Comparison of Child Custody in South African Islamic Law and Common Law” (2021) 10 Perspectives of Law and Public Administration 102-114.

Lonias Ndlovu and Itumeleng Clarence Tshoose “COVID-19 and Employment Law in South Africa: Comparative Perspectives on Selected Themes” (2021) 33 SA Mercantile Law Journal 25-54.

Lonias Ndlovu “Options for the Procurement of Patented Essential Medicines by SADC Member States After TRIPS Article 31Bis” (2021) WIPO-WTO Colloquium Papers, 2018 Africa Edition 114-123.

Musiiwa Mahangwahaya and Lonias Ndlovu “The economic costs of restraint of trade agreements: Modest lessons for South Africa from Germany and other selected jurisdictions” (2021) International Journal of Private Law 1-18.

5. Conference Presentations (selected)

Lonias Ndlovu “The EC-Asbestos Dispute and Its Implications for a Transforming SADC,” Presented at the Congress of the Society for Law Teachers of Southern Africa, University of Cape Town, 3 -7 July 2006.

Lonias Ndlovu “Land Reform Challenges in the New South Africa: to Expropriate or not to Expropriate?”, presented at the Conference on Law and Transformative Justice in Post – apartheid South Africa, University of Fort Hare, East London, 3-6 October 2006.

Lonias Ndlovu “International Trade and Public Health in the WTO: A Pessimistic View”, presented at the Second Law Conference, Universities of the Eastern and Western Cape, NMMU, Port Elizabeth, 5-7 February 2007.

Lonias Ndlovu “Towards Interactive Law Teaching: the Case of Fort Hare University in Alice, South Africa”, presented at the International Colloquium on the Teaching of Law in Africa hosted by the African Academy of Legal Theory [Academie Africaine De Theorie Du Droit] and the Faculty of Law, University of Namibia, Windhoek 24 – 28 March 2008.

Lonias Ndlovu “Africa’s Participation in the WTO Dispute Settlement System: A Decade of Procrastination?” presented at the fourth Law Conference, Universities of the Eastern and Western Cape, NMMU, Port Elizabeth, 26-29 January 2009.

Lonias Ndlovu “Integrating HIV/AIDS into the undergraduate Law Curriculum: Possibilities and Envisaged Challenges”, presented at the University of Fort Hare/HEAIDS Symposium on HIV and the Curriculum, held at the University of Fort Hare, East London Campus, 15-16 May 2009.

Lonias Ndlovu “An investigation into the WTO Consistency of Selected Recent Amendments to the South African International Trade Administration Act of 2005” presented at the Annual Congress of the Society of Law Teachers of Southern Africa [SALTSA], held at the University of KwaZulu Natal, Pietermaritzburg from 13-16 July 2009.
Bethel Mutanga, S Xulu, IZ Dlamini and Lonias Ndlovu “Problems of Evidence Acquisition in Wireless ad Hoc Networks” presented at the IST Africa Conference, held at the Durban ICC, Durban 7-9 April 2010.

Lonias Ndlovu “South Africa and the WTO Dispute Settlement System” presented at the Annual Congress of the Society of Law Teachers of Southern Africa [SALTSA], held at the University of Stellenbosch, Stellenbosch, from 17-21 January 2010.

Lonias Ndlovu “The Real Interests in the SADC Tribunal Review” paper presented at the Inaugural African International Economic network regional Conference hosted by the Mandela Institute, Faculty of Law, University of Witwatersrand, Johannesburg South Africa 3-5 May 2011.

Lonias Ndlovu “Using the Moot Court Competition as a Teaching and Assessment Tool: The UNIZULU Experience” paper presented at the second African International Economic Law network, School of Law, University of the Witwatersrand, Johannesburg 7-8 March 2013.

Lonias Ndlovu “South African Patent Law and access to Medicines Twenty Years into Democracy” paper presented at the Conference on 20 Years of Democracy and the Bill of Rights in South Africa, School of Law, University of Fort Hare, East London October 2013.

Lonias Ndlovu “The Theory and Practice of WTO Public Health TRIPS Flexibilities in the SADC Region”, paper presented at the Congress of the Society of Law Teachers of Southern Africa, School of Law, University of the Witwatersrand, Johannesburg January 2014.

Lonias Ndlovu “Caught between Pre-and Post-grant Patent Opposition: Whither South Africa and Access to Medicines?”, paper presented at the Congress of the Society of Law Teachers of Southern Africa, School of Law, Varsity College, Durban, July 2015.

Lonias Ndlovu “Have a Break, Have a Kit Kat”: Can we Register shapes of Products as Trade marks in South Africa? Paper presented at the MBALI conference hosted by the University of Zululand, Richards Bay, August 2016.

Lonias Ndlovu “Patient Rights vs. Patent Rights: Access to Medicines Lessons for South Africa Fifteen Years after Doha”, paper presented at the Centenary Conference hosted by the University of Fort Hare, Alice, August 2016.

Lonias Ndlovu “Options for the Procurement of Patented Pharmaceuticals by SADC Member States after TRIPS Article 31 bis”, paper presented at the Inaugural WIPO/WTO Colloquium for Teachers of IP in Africa, held at the UNISA Muckleneuk Campus, Pretoria from 9-12 April 2018.

Lonias Ndlovu “The law of Dumping and anti-dumping in South Africa” paper presented at the International Trade and Law Conference, hosted by the International Association of IT Lawyers, Sliema, Malta 3-6 November 2009.

Lonias Ndlovu “Land Reform and the Protection of Investors” paper presented at the International Trade and Law Conference, hosted by the International Association of IT Lawyers, Barcelona, Spain 3-5 November 2010.

Lonias Ndlovu “SADC Tribunal Review: Does the Tribunal Require Appellate Status?” paper presented at the International Trade and Law Conference, hosted by the International Association of IT Lawyers, Nicosia, Cyprus 19-22 September 2011.

Lonias Ndlovu “South Africa and the WTO Anti-Dumping Agreement” paper presented at Society of International Economic Law Conference held at the National University of Singapore, Bukit Timmah Campus July 2012.

Lonias Ndlovu “Exactly when does the Imposition of anti-dumping duties commence?” paper presented at the International Trade and Law Conference, hosted by the International Association of IT Lawyers, Athens, Greece 28 September to 3 October 2012.

Lonias Ndlovu “South African Patent Law and Access to Medicines” paper presented at the International Trade and Law Conference, hosted by the International Association of IT Lawyers, Bangkok, Thailand 28 November 2013.

Lonias Ndlovu “Will the introduction of Patent Searches and Examinations Improve Access to Essential Medicines in South Africa?” paper presented at the 23rd WIPO/WTO Colloquium for Teachers of Intellectual Property, WTO Headquarters, Geneva, June 2015.

Lonias Ndlovu “Zimbabwe’s Control of Goods Notice 2016: Justified Trade Measure or Disguised Restriction on International Trade?”, paper presented at the Congress of the Society of Law Teachers of Southern Africa, hosted by the University of Namibia, Swakopmund, Namibia, from 16-20 January 2017.

Lonias Ndlovu “The Ebola Epidemic, Public Health and the Politics of IP & Access to Medicines in Africa”, paper presented at the International Conference on Law and Politics, hosted by the Council of Researchers, Kota Kinabalu, Malaysia, from 11-15 December 2017.

7. Awards

i. PPS & Attorneys Fidelity Fund Bursary for LLM research at Fort Hare in 2004.
ii. Govan Mbeki NRF Research award for LLM Research at Fort Hare in 2005.
iii. Winner of the UNISA Barney Pityana Prize in African Law for best thesis (LLD) in 2014.