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South African Mercantile Law Journal
Dr Siphuma (Editor-in-Chief)
ISSN: 1015-0099
Year: 1988 – Current
Published: Tri-annually
Accreditation(s):
About this publication
The South African Mercantile Law Journal is a specialised journal published by Juta Law and the Faculty of Law, University of South Africa. It is devoted to publishing material in the field of mercantile and business law. This journal is not intended as a businessman’s journal. It is aimed at practitioners in these areas of law.
VOLUMES AND ISSUES
Volume / Issue
Volume 38 Issue 1 2026
ARTICLES
Parry v Dunn-Blatch & others: Some fundamental aspects of the oppression remedy under the Companies Act 71 of 2008
Author: Maleka Femida Cassim
Source: South African Mercantile Law Journal, pp 1 – 29 (2026 I1)
Understatement penalties as a deterrent for impermissible tax avoidance under the South African Tax Administration Act 28 of 2011
Authors: Dieketsend Damane & Moseki Maleka
Source: South African Mercantile Law Journal, pp 30 – 57 (2026 I1)
Reconsidering the debate relating to the proposals for the regulation of crypto assets from a South African perspective
Author: Michaella Alexandrine De Sousa
Source: South African Mercantile Law Journal, pp 58 – 86 (2026 I1)
Living on farmland: Examining the right to tenure security for South African farm dwellers
Authors: Priviledge Dhliwayo & Nyaradzo DT Karubwa
Source: South African Mercantile Law Journal, pp 87 – 106 (2026 I1)
Constitutional boundaries of workplace surveillance in the digital age: The right to privacy in the South African workplace
Author: Ntlahla France
Source: South African Mercantile Law Journal, pp 107 – 129 (2026 I1)
The impact of an equality-based restitutionary measure on non-beneficiaries: A new role for dignity in South Africa workplace affirmative action cases?
Author: Andre M Louw
Source: South African Mercantile Law Journal, pp 130 – 155 (2026 I1)
Money laundering through trade-finance instruments: A critical analysis of regulatory gaps and reform pathways under South African law: Part I
Authors: Tsanangurai Makuyana & WG Schulze
Source: South African Mercantile Law Journal, pp 156 – 184 (2026 I1)
Unmasking money laundering risks in South Africa insolvency: Regulatory challenges and practitioner realities
Author: Princess Ncube
Source: South African Mercantile Law Journal, pp 185 – 215 (2026 I1)
CASES
The arbitrator’s duty to ensure procedural fairness and access to justice: Nombewu v Commission for Conciliation, Mediation and Arbitration & others (C564/2022) [2025] ZALCCT 30
Author: Judith Geldenhuys
Source: South African Mercantile Law Journal, pp 216 – 235 (2026 I1)
Stringent application of the doctrine of common purpose during violent strikes in South Africa: When is an employee presumed to have associated himself in the Commission of the Act? Numsa OBO Aubrey Dhludhlu & 147 others v Marley Pipe Systems (SA) (Pty) Ltd [2022] ZACC 30
Author: Nkgolodishe Hermit Phaladi, Mulatedzi Ismael Maboho & Fortunate Kgahlego Mohlala
Source: South African Mercantile Law Journal, pp 236 – 252 (2026 I1)
The utilisation of ‘acting in the public interest’ in terms of s 157(1)(d) of the Companies Act 71 of 2008 by third parties as a basis to bring legal proceedings against company directors: Vantage Mezzanine Fund II Partnership & another v Hopeson & others 2024 2 SA 550 (GJ)
Author: Delani Milton Mahhumane
Source: South African Mercantile Law Journal, pp 253 – 272 (2026 I1)
Upholding SARS’s robust and ‘timeless’ power: Commissioner for South African Revenue Service v The Structured Mezzanine Investment (Pty) Ltd & another (1824/2021) [2024] 4 All SA 773 (ECG)
Author: Khodani Sengwane
Source: South African Mercantile Law Journal, pp 272 – 282 (2026 I1)
Centre for Autism Research and Education CC v CCMA & others [2020] 11 BLLR 1123 (LC): Learnings from a landmark labour court case about workplace bullying
Author: Dina Maria (Denine) Smit
Source: South African Mercantile Law Journal, pp 283 – 296 (2026 I1)