Department of Mercantile and Private Law

Email: chiedza.simbo@univen.ac.za
Office: FO6
Tel:

Qualifications

i. Bachelor of Laws (LLB) (University of Zimbabwe)
ii. Master of Commercial Laws (LLM) (University of Cape Town) by coursework, dissertation title: Corporate Governance in Zimbabwe Banking System
iii. Master of Laws Social Justice (LLM) (University of Cape Town) by coursework, dissertation title: Interpreting section 29 (1) (a) of the South African Constitution
iv. Doctor of Philosophy (PhD) at the University of Zimbabwe, Faculty of Law Thesis title is: A Legal Analysis of the Right to Basic Education in Zimbabwe and in South Africa

Expertise

Commercial Law, Corporate Governance, Human Rights, Constitutional Law, Police and Policing, Women and Children’s Rights, Gender and the Law

Publications

1. The scope and content of the right to basic education in Zimbabwe, CILSA Journal, 2020.
2. A hexagon Right: The Six components of the right to basic education in South Africa, Obiter 2018.
3. The Link between Fundamental, Primary, Secondary and Basic Education, ESR Review 2018.
4. The right to Basic Education, the South African Constitution, and the Juma Musjid Case: An unqualified Right and Minimum Core Standard, University of Western Cape Law Democracy and Development Journal 2014.
5. Defining the term Basic Education an International Approach published with the, University of Western Cape Law Democracy and Development Journal 2012
6. Living the Dream or Fighting Reality: Can the right based approach really fight all forms of exclusion? DE rebus Journal 2013.
7. New Zimbabwe.Com: On Makanaka Wakatama, Garikai Mazara, child marriage, the law, six ignorant points 2014
8. New Zimbabwe.Com: Dokora’s ignorance a shame: why it’s unconstitutional for government to demand school fees from parents 2014

Human Rights Advocacy interviews and collaborations with the media

Mixed Reactions over the Pristorius judgement: The Chronicle – http://www.chronicle.co.zw/mixed-reactions-over-pistorius-judgment/
1. Call for legal protection of pregnant rape victims http://www.financialgazette.co.zw/call-for-legal-protection-of-pregnant-rape-victims/
2. Prostitution is a Choice, Not a Crime, ‘Prostitution a lifestyle, not criminal’ | The Herald

Conference Presentations

i. Attended the United Nations Convention on the Status of Women (CSW) representing Zimbabwe 2014.
ii. Beyond the dissertation to community Project for LLB students presented at the CLEA Conference in Durban April 2013
iii. The Provision of School Fees at Primary School Level In contravention of the CRC: paper presented at G20 Summit Russia in April 2013
iv. The Myth of Public Participation in the Law-making Process. Public Participation Conference March 2012 Emperors Palace, Johannesburg C Simbo and R Phooko

Awards

1. Best Preforming Lecturer 2012, North West University

Related:

Department of Public Health – Faculty of Health Sciences Director School of Law

Designation: Senior Lecturer
Email: gideon.joubert@univen.ac.za
Office: School of Law office F08
Tel: 015 962 8099

Qualifications

i. Bachelor of Arts (BA Law) (University of Stellenbosch) 1995
ii. Bachelor of Laws (LLB) (University of Stellenbosch) 1997
iii. Master of Laws (LLM) (University of Stellenbosch) 2001 Dissertation title: Like father, Like son. A natural father’s access to his child born out of wedlock: An argument to be made for both the father and his child

Expertise

Law of Persons, Family Law, Legal Research Skills

Publications

i. C. Oliver, D. Kgosimore, G. Joubert: Criminology NQF Level 3 Student Book (2009) Department of Education, Further Education Training Colleges
ii. D. Kgosimore, G. Joubert: Criminology NQF Level 4 Student Book (2009) Department of Education, Further Education Training Colleges
iii. GJ Joubert, “Labour relations and unions” (book chapter 10) in Policing in South Africa: Past and Present, Roelofse & Gumbi (Eds), LexisNexis 2018, ISBN 978-0-6390-0256-9, pp 221-244

Conference Presentations

i. “How the Children’s Act impacts on the relationship of the unwed mother and her extra-marital child”, Law Week Conference at University of Limpopo, 2008
ii. “Transforming the boni mores measure in the South African Family law”, Family Law Colloquium at the University of Kwazulu- Natal, 2008
iii. “Do advertisements for abortion equate to legal abortions?” Limpopo Department of Health, Polokwane, 2009
iv. “After 10 years ROCMA is still not the answer for customary wives”, Family Law Colloquium , University of Western Cape, 2010
v. “The vuvuzela on trial?”, Society of Law Teachers of Southern Africa (SLTSA), University of Stellenbosch, 2011
vi. “The Impact of Constitutional Change on Intergenerational Obligations”, 14th International Society of Family Law (ISFL) Conference, Lyon, France, 2011
vii. “Ignorantia juris non excusat: Police without a defense”, All African Criminal Justice Conference, University of Limpopo, 2012
viii. “Culture and tradition in Family law: an essay into the morality of human rights developments in South African Family law”, 15th International Society of Family Law (ISFL) Conference, Recife, Brazil, 2014
ix. “The wrongful life claim: H v Fetal Assessment Center”, Family Law Colloquium, University of KwaZulu Natal, 2015

Awards

i. Award for best presenter at Limpopo Department of Health, Polokwane, 2009
ii. Recipient of the Vice-Chancellor’s Teaching Excellence award in 2012 as senior lecturer at University of Venda
iii. Recipient of the Vice-Chancellor’s Teaching Excellence award in 2015 as best overall lecturer at University of Venda
iv. Minister of Sports, Arts and Culture, Mr Nathi Mthethwa excellence award for South African athletics coach, 2021

Non-academic achievements

i. Recipient of South African national colours from South African Masters Athletics, 2015
ii. Athletics coach to South African Paralympic athlete, Sheryl James (since July 2018 to date) winning a bronze medal at World Championships in Dubai, 2019 in women’s 400m, class T37, and bronze medal at Paralympic Games in Tokyo, 2021, women’s 400m, class T37

Related:

Department of Public Health – Faculty of Health Sciences Director School of Law

Designation: Senior Lecturer
Email: desmond.oriakhogba@univen.ac.za
Office: F05
Tel: 015 962 8295

Qualifications

i. PhD, University of Cape Town, 2019. Thesis Title: ‘Strengthening the regulation regimes for collecting societies in South Africa and Nigeria: any room for competition law?’
ii. LLM, University of Benin, University of Benin, Nigeria, 2014. By coursework and mini dissertation. Dissertation title: ‘Legal mechanism for enforcement and regulation of copyright in Nigeria: a comparative analysis’.
iii. LLB, University of Benin, Nigeria, 2007.

Expertise

Intellectual property law, competition law, international trade law (interest in African regional trade law), artificial intelligence and law (focus on the intersection with intellectual property law), International human rights law

Publications (selected)

i. Artificial Intelligence and the Law in Africa (LexisNexis, 2022) (with CB Ncube, T Schonwetter and I Rutenberg [eds]) forthcoming: Edited Book.
ii. Copyright, Collective Management Organisations, and Competition in Africa: Regulatory Perspectives from Nigeria, South Africa and Kenya (Cape Town: JUTA, 2021): Book.
iii. Intellectual Property Law in Nigeria: Emerging Trends, Theories and Practice (Benin City: Paclerd Press, 2021) (with IA Olubiyi): Book.
iv. Guide to Graduate Research: Projects, Dissertations and Theses 2ed. (Benin City: Ambik Press, 2021) (with NE Ojukwu-Ogba, SO Oyakhire and NE Unuigbe [eds]): Edited Book.
v. ‘Access to the Internet as a Human Right’ in DM Chirwa and CB Ncube The Internet, Development, Human Rights and the Law in Africa (Routledge, 2022) (with DM Chirwa) forthcoming: Book chapter.
vi. ‘The Role of Regional Mechanisms for the Protection of Economic, Social and Cultural Rights’ in M Langford and KG Young Oxford Handbook on Economic and Social Rights (Oxford University Press, 2022) (with D Chirwa) forthcoming: Book chapter.
vii. ‘Regulation of Collective Management Organisations in South Africa’ (2019) 10 WIPO-WTO Colloquium Papers 171-187.
viii. ‘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 (with A Adewopo and CI Okorie).
ix. ‘DABUS gains territory in South Africa and Australia: revisiting the AI-inventorship question’ (2021) 9 South African Intellectual Property Law Journal 87-108.
x. ‘Posthumous control of copyright, its limitations and the public interest’ (2021) 8(2) Journal of Comparative Law in Africa 32-62 (with GK Adeola-Adedipe).
xi. ‘Multi-territorial Digital Copyright Licensing within the AfCFTA: Considerations for Appropriate Guiding Principles’ (2021) 43(11) European Intellectual Property Review 710-720 (with CI Okorie).
xii. ‘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.
xiii. ‘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 (with IA Olubiyi).
xiv. ‘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).
xv. ‘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 (with CB Ncube and BE Reid).
xvi. ‘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.

Conference Presentations (selected)

i. Panel discussion on “Assets and Challenges for the Adoption of the Law on Geographical Indications in Nigeria” at the National Conference on Creating Legal and Institutional Frameworks for Geographical Indications in Nigeria, part of the EU and EU Intellectual Property (EUIPO) funded project – Intellectual Property Rights & Innovation in Africa (AfrIPI) on 17-18 February 2022 at the Conference Room, Transcorp Hilton Hotel, Abuja, Nigeria.
ii. “Multi-territorial Digital Copyright Licensing within the AfCFTA: Considerations for Appropriate Guiding Principles” at the 10th Annual Conference of the African Society of International Law (AfSIL), 29-30 October 2021 (virtual). Co-presentation, with CI Okorie.
iii. “Overcoming the Challenges of Intellectual Property and Promoting Cultural Heritage Through Social Entrepreneurship in South Africa” at the 5th Biennial Conference of the Association of Critical Heritage Studies, 26-30 October 2020: University College London, United Kingdom (virtual).
iv. “Working around the Gender Gap in Intellectual Property Regimes: Empowerment of Women Beadworkers through Open, Inclusive Innovation and Social Entrepreneurship in KwaZulu-Natal, South Africa” at the 4th annual conference of the Law and Development Research Network (LDRN), 25-27 September 2019: Humboldt University, Berlin, Germany.
v. “Regulation of Collecting Societies in South Africa: Exploring the Interface Between Copyright and Competition Law” at the World Intellectual Property Organisation – World Trade Organisation 16th Colloquium for Teachers of Intellectual Property, 17-29 June 2019: Geneva Switzerland.
vi. “Intellectual Property, Traditional Knowledge, Gender Equality and Benin Bronze Casting Art: Setting a Research Agenda” at the International Conference of the Commission on Legal Pluralism, 22-24 August 2018: University of Ottawa, Ottawa, Canada.

Awards (selected)

I. Arcadia Project on the Right to Research in International Copyright supported by the Arcadia Foundation – a charitable fund of Lisbet Rausing and Peter Baldwin. The project is managed by the Academic Network on the Right to Research in International Copyright convened by the Program on Information Justice and Intellectual Property (PIJIP) of the American University of Washington College of Law (AUWCL): July 2021.
II. University of South Carolina, USA – Electronic Information for Libraries’ (eIFL): Arcadia Project on the right to research in international copyright: June 2021.
III. Research grant by the International Development Research Centre (IDRC) through the Open African Innovation Research (Open AIR) Network: March – November 2020.
IV. University of Cape Town’s Dean of Law Postdoctoral research fellowship: May 2019 – March 2021
V. Queen Elizabeth (Advanced Scholars) Scholarship awarded by the Canadian Queen Elizabeth II Diamond Jubilee Scholarship Program through the Open African Innovation Research (Open AIR) Network: July 2018 – April 2019.
VI. University of Cape Town, Law Faculty Doctoral Scholarship: 2017 and 2018

Related:

Director School of Law Department of Public Health – Faculty of Health Sciences

Designation: Lecturer
Email: Cynthia.Mkhabele@univen.ac.za
Office: F004
Tel: 015 962 8326

Qualifications

i. Bachelor of Laws (LLB) (University of Limpopo) 2007
ii. Master of Laws (LLM) (University of Limpopo) 2014, dissertation title: A legal analysis of the application of corporate governance principles in Musina Local Municipality.

Expertise
Law of Contract, Law of Delict, Commercial Law

Related:

Library Staff Department of Private law

Dr Benjamin T Kujinga

Qualifications

i. Bachelor of Laws (LLB) (University of Fort Hare) 2006
ii. Master of Laws (LLM) (University of Fort Hare) 2008 by full and independent research in Corporate Law, dissertation title: The Auditor’s Duty of Reasonable Care and Skill and the Expectation to Detect Fraud.
iii. Doctor of Laws (LLD) at the University of Pretoria 2014, Faculty of Law with research in Tax Law. Thesis title is: A Comparative Analysis of the Efficacy of the General Anti-Avoidance Rule as a measure against Impermissible Income Tax Avoidance in South Africa.

Expertise

Income Tax Law, Value Added Tax Law, International Tax Law

Publications

i. BT Kujinga “Fraud and the Auditor” (July 2009) AccountancySA 21.
ii. BT Kujinga “The Auditor’s Legal Responsibilities in the Detection of Fraud” (2010) vol 22 (4) South African Mercantile Law Journal 541.
iii. BT Kujinga “The Misuse or Abuse Analysis in terms of the South African General anti Avoidance Rule – Lessons from Canada” (2012) vol 45 (1) Comparative and Internatinal Law Journal of Southern Africa 42.
iv. BT Kujinga “Factors that Limit the Efficacy of General Anti-Avoidance Rules in Income Tax Legislation: Lessons from South Africa, Australia and Canada” (2014) vol 47 (3) Comparative and International Law Journal of Southern Africa 429.
v. BT Kujinga “The Economic Substance Doctrine Against Abusive Tax Shelters in the United States: Lessons for South Africa” (2015) vol 27 South African Mercantile Law Journal 218.
vi. BT Kujinga “The UK General Anti-Avoidance Rule; Lessons for Australia?” 2016 vol 14 (3) E-journal of Tax Research 624.
vii. BT Kujinga “Searching for Certainty” (2017) March/April Issue 63 TaxTalk 42.
viii. BT Kujinga “The UK Judicial Approach to Impermissible Tax avoidance: Lessons on Interpreting Certain Aspects of the Commercial Substance Provision in the South African General Anti-Avoidance Rule” South African Mercantile Law Journal (forthcoming).

Conference Presentations

i. “Factors that Limit the Efficacy of General Anti-Avoidance Rules in Income Tax Legislation: Lessons from South Africa, Australia and Canada.” Society for Law Teachers of Southern Africa Conference 13 – 16 January 2014 University of Witwatersrand, Johannesburg.
ii. “An Analysis of the South African Experience with a General Anti-Avoidance Rule in Income Tax Legislation” 26th Australasian Tax Teachers Association Conference 20 – 22 January 2014 Griffith University, Brisbane, Australia. This presentation was recognised as the best PhD Presentation and an award in this regard was given.
iii. “The New General Anti-Avoidance Rule in the UK; Any Lessons on GAAR Design for South Africa?” Institute for Austrian and International Tax Law, Vienna University of Economics and Business Conference on 3-5 July 2014, Vienna, Austria
iv. “The UK and Australian GAARs, Is it time to change the Threshold in Australia”? 27th Australasian Tax Teachers Association Conference 19 – 21 January 2015 University of Adelaide, Adelaide, Australia.
v. “Can Transfer Pricing Manipulation and Base Erosion and Profit Shifting be Curbed by Reference to Company Law and Lifting the Corporate Veil”? Corporate and Financial Markets Law Conference North West University, Potchefstroom, 24-25 October 2019.

Awards

i. Winner of the 2014 version of the Norton Rose Fulbright and South African Institute of Professional Accountants Doctoral Tax Thesis of the year award for the best PhD in Tax Law in 2014; value: R25 000.
ii. University of New South Wales (UNSW) School of Business: Australian School of Tax (ATAX) Research Fellow in 2015.
iii. International Bureau of Fiscal Documentation (IBFD) Visiting Researcher, in 2010 and 2016

Related:

Department of Public Health – Faculty of Health Sciences Department of Agricultural Economics and Agribusiness – Faculty of Science, Engineering and Agriculture

Designation: Lecturer
Email: Tebele.Mosia@univen.ac.za
Office: Office F018
Tel: 015 962 8248

Qualifications

i. Bachelor of Laws (LLB) (University of Venda) 2013
ii. Master of Laws (LLM) (University of Johannesburg) 2019, dissertation title: Non-compliance with the criteria for business rescue resolution of the Companies Act, 2008: Panamo Properties (Pty) Ltd v Nel
iii. Master of Business Administrations (MBA) (Management College of Southern Africa) 2021, dissertation title: An exploratory study into the impact of performance appraisal on employee commitment: A case study of the Road Accident Fund, Johannesburg.

Expertise

Company Law, Insolvency Law, Commercial Law, Corporate Finance Law, Operation systems, Human Resource Management, Corporate Strategy, Information Systems, Strategic Management, Financial Management and Managerial Economics.

Related:

Department of Business Information Systems – Faculty of Management, Commerce and Law Director School of Law