Destroying Ukrainian Identity through Russification – The Abduction of Ukrainian Children during the Russo-Ukrainian War

by | May 11, 2026 | SLR, SLR V36 I2

Destroying Ukrainian Identity through Russification – The Abduction of Ukrainian Children during the Russo-Ukrainian War

Author: Arthur van Coller

ISSN: 1996-2193
Affiliations: BA (Law) LLB LLM HDipTax PGDHET LLD, Programme Coordinator, STADIO Higher Education
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 290-325
https://doi.org/10.47348/SLR/2025/i2a9

Abstract

This article examines the legal and humanitarian implications of Russia’s policy of abducting, forcibly transferring, and deporting Ukrainian children during its armed conflict with Ukraine. Russia’s actions have resulted in the systematic separation of children from their families, their transfer within occupied Ukrainian regions, and deportation to Russia and Belarus. Russia has further attempted to erase the Ukrainian identity through Russification and the denial of language and cultural rights. The article evaluates the international legal framework, including the Geneva Conventions, the Convention on the Rights of the Child, and the Genocide Convention, and assesses Russia’s conduct against these standards. The article also analyses the challenges of legal accountability, with reference to the limitations of domestic and international mechanisms for holding perpetrators of these offences to account. The article further considers relevant recent reports on the scale and organisation of the abductions, as well as the international response thereto. The article concludes that, despite widespread condemnation and some positive developments, the prospects for effective accountability remain limited. The continued impunity for crimes against Ukrainian children undermines international law and poses significant risks for future peace and security. The article calls for strengthened international cooperation, improved legal frameworks, and sustained advocacy to protect children in conflict zones and ensure justice for victims.

The SADC Model Law on Data Protection of Children’s Personal Information in SADC Countries

by | May 11, 2026 | SLR, SLR V36 I2

The SADC Model Law on Data Protection of Children’s Personal Information in SADC Countries

Authors: Komborerai Allan Manenji

ISSN: 1996-2193
Affiliations: LLB LLM (International Law), Acting Advocacy and Compliance Manager, Postal and Telecommunications Regulatory Authority of Zimbabwe
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 326-349
https://doi.org/10.47348/SLR/2025/i2a10

Abstract

This contribution provides an overview of the legal framework governing the processing of children’s personal information in Southern African Development Community (“SADC”) countries, with a focus on the SADC Model Law on Data Protection. With the proliferation of digital technologies and online platforms, children are increasingly engaged in the digital space, raising concerns about the protection of their personal data. The legal landscape in the SADC region is evolving, driven by international norms and regional initiatives. This contribution examines the key principles and provisions of the Model Law relevant to safeguarding children’s personal information and further explores national legislation to assess its alignment with the Model Law. It highlights definitions of personal and sensitive data concerning children, the rights of child data subjects, and the obligations of data controllers, such as obtaining parental consent, implementing security measures, and adopting age-appropriate data practices.
The discussion includes the role of supervisory authorities in enforcing compliance and promoting accountability. Challenges such as weak enforcement mechanisms and cross-border data transfers are examined, emphasising the need for harmonised data protection laws across the region. This contribution highlights the significance of a robust legal framework and the role of the SADC Model Law on Data Protection in safeguarding children’s personal information in the digital age. By adhering to principles of data minimisation, purpose limitation and accountability, SADC countries can foster a safe and conducive environment for children to engage in online activities while respecting their privacy rights and best interests.

Trapped in a State of Oblivion: A Quest for Durable Legal Status for Unaccompanied Children in South Africa

by | May 11, 2026 | SLR, SLR V36 I2

Trapped in a State of Oblivion: A Quest for Durable Legal Status for Unaccompanied Children in South Africa

Authors: BJ Machaka & A Moyo

ISSN: 1996-2193
Affiliations: LLB LLM LLD, Postdoctoral Fellow, Stellenbosch University; LLB LLM PhD, Senior Lecturer, Stellenbosch University
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 350-372
https://doi.org/10.47348/SLR/2025/i2a11

Abstract

Unaccompanied children seeking international protection face significant legal challenges, often trapped in a state of uncertainty due to their precarious legal status. This uncertainty stems from time-limited permits, prolonged delays in adjudication and insufficient legal and policy frameworks. The lack of secure legal status frequently impedes their access to essential services, such as education, healthcare and gainful employment, as they transition into adulthood. It also leaves them vulnerable to exploitation, abuse, neglect and statelessness. In South Africa, unaccompanied minors often find themselves caught between national security concerns and the protection of children’s rights, as the state attempts to balance safeguarding its citizens and resources while ensuring the protection of vulnerable foreign children. This contribution argues that legislative and administrative gaps, compounded by a rigid migration control discourse, trap unaccompanied minors in a legal limbo, preventing them from accessing the protection they require. Through the lens of South Africa’s constitutional commitment to children’s rights under section 28 of the Constitution, the contribution advocates a child-rights-based approach, urging the adoption of expedited, child-sensitive procedures and the creation of secure pathways to a durable legal status for unaccompanied children living in the country.

Transformative social change and the role of the judge in post-apartheid South Africa

by | Apr 19, 2026 | SLR, SLR V33 I4

Transformative social change and the role of the judge in post-apartheid South Africa

Author: Judge President Dunstan Mlambo

ISSN: 1996-2193
Affiliations: Judge President of the Gauteng Division of the High Court
Source: Stellenbosch Law Review, Volume 33 Issue 4, 2022, p. 595-604
https://doi.org/10.47348/SLR/2022/i4a1

Abstract

The Constitution of the Republic of South Africa, 1996 committed South Africa to a path of social transformation through its endorsement of the concept of transformative constitutionalism. Ultimately, this requires the transition of South African society from a state of deep inequality and injustice towards a more equal society characterised by social justice. Transformative constitutionalism has important consequences for the judiciary and the way in which judges discharge their judicial responsibilities. This lecture explores what transformative constitutionalism entails for the judiciary in fulfilling their adjudicative mandate under the Constitution. It assesses how well judges have fared in their attempts to ensure the transformation of South Africa’s legal culture and methods of judicial decision-making. It further proposes how judges should approach their constitutional obligation to develop the common law and interpret legislation to give full effect to constitutional rights and values. The lecture concludes by reflecting on the role of the judiciary in light of the current socio-political context and debates in South Africa.

Supervening impossibility of performance – a conceptual conundrum and restatement of principles

by | Apr 19, 2026 | SLR, SLR V33 I4

Supervening impossibility of performance – a conceptual conundrum and restatement of principles

Author: Jacques du Plessis

ISSN: 1996-2193
Affiliations: BComm LLB LLM PhD, Distinguished Professor, Stellenbosch University
Source: Stellenbosch Law Review, Volume 33 Issue 4, 2022, p. 605-617
https://doi.org/10.47348/SLR/2022/i4a2

Abstract

In defining supervening impossibility of performance, the South African law of contract recognises a “general rule”, which entails that performance is excused if impossibility is brought about by vis major or casus fortuitus. This rule is then made subject to a vague and broad list of qualifications. It is argued here that this approach is unhelpful, and that the general principles on supervening impossibility of performance may be restated in more concrete terms. The general rule may simply maintain that absolute impossibility excuses a debtor. The rule should then be subject to clear and specific qualifications. These qualifications entail that liability may nonetheless be imposed if: (i) the debtor actually foresaw or reasonably should have foreseen the event giving rise to impossibility; (ii) the debtor could have taken reasonable steps to avoid such an event or overcome its consequences; (iii) the debtor created the impossibility; or (iv) the debtor was in mora at the time of impossibility. It is argued that it may be unhelpful to include fault on the side of the debtor in this list, inasmuch as fault could actually obscure other qualifications to the general rule, rather than act as a qualification in its own right.

Signed, sealed and delivered (electronically): embracing the digital takeover. A brief consideration of electronic signing and delivery in South African law

by | Apr 19, 2026 | SLR, SLR V33 I4

Signed, sealed and delivered (electronically): embracing the digital takeover. A brief consideration of electronic signing and delivery in South African law

Author: Ciresh Singh

ISSN: 1996-2193
Affiliations: LLB LLM PhD (UKZN), Associate Professor, Department of Mercantile Law, University of South Africa
Source: Stellenbosch Law Review, Volume 33 Issue 4, 2022, p. 618-636
https://doi.org/10.47348/SLR/2022/i4a3

Abstract

The advent and advancement of technology, in particular the digitalisation of commerce and traditional working methods, have introduced a new era of the “digital age” into human history. Digitalisation has taken over many economic activities and industries and is slowly finding its way into the legal system. Internationally, many businesses are using technology to automate their processes and practices, making it much easier, quicker, and cheaper to finalise their products and services. From a legal perspective, several businesses are now concluding commercial transactions and contracts electronically. These new innovations have raised the question of the legal validly of these transactions, in particular the legitimacy of electronic signing and electronic delivery of these documents.
In South Africa, the outbreak of the COVID-19 pandemic prompted many local companies to consider new ways of conducting business without compromising the legality and compliance aspect of operations. Electronic signatures and electronic delivery have consequently become essential tools for concluding legal agreements and conducting other daily business practices. The move to digital signing and delivery has thus become more prevalent across all business sectors and naturally this has given rise to questions on its legitimacy and security.