Remote commissioning—Signing an affidavit in the “virtual presence” of the commissioner of oaths

by | Aug 4, 2025 | SLR, SLR V35 I3

Remote commissioning—Signing an affidavit in the “virtual presence” of the commissioner of oaths

Author: Ciresh Singh

ISSN: 1996-2193
Affiliations: LLB LLM PhD
Source: Stellenbosch Law Review, Volume 35 Issue 3, 2024, p. 221-237
https://doi.org/10.47348/SLR/2024/i3a1

Abstract

Advances in technology since the turn of the millennium have resulted in technology being infused into all spheres of life. Most, if not all, human functions can now be performed with the use of technology. The law has not been immune to the influence of technology and legislation has been implemented, both abroad and domestically, to encourage the use of technology in law and commerce. Within the South African context, the use of technology was significantly accelerated during the Covid-19 pandemic. Despite the pandemic’s lockdown restrictions, technology allowed courts to conduct trials and other court applications virtually by making use of video conferencing. Technology also allowed contracts and agreements to be signed electronically, and notices and applications to be delivered or served via the use of electronic delivery mechanisms such as e-mail. Currently, there is some uncertainty as to whether a court affidavit can be signed and commissioned virtually. Section 10 of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963, read with regulation 3(1) of the Regulations Governing the Administration of an Oath or Affirmation of 1972, provides that an affidavit must be signed in the presence of a Commissioner of Oaths. While some courts have adopted a broad interpretation of section 10, and allowed affidavits to be signed and commissioned remotely in the “virtual presence” of the Commissioner of Oaths, other courts have not taken such a modern approach. Given that the Justices of the Peace and Commissioners of Oaths Act was promulgated over 60 years ago, the time may have come to amend it to allow for the remote signing and commissioning of court affidavits.

The rights of transgender children in South Africa to gender-affirming care in the form of puberty blockers

by | Aug 4, 2025 | SLR, SLR V35 I3

The rights of transgender children in South Africa to gender-affirming care in the form of puberty blockers

Author: Sophy Baird

ISSN: 1996-2193
Affiliations: LLB LLM
Source: Stellenbosch Law Review, Volume 35 Issue 3, 2024, p. 238-256
https://doi.org/10.47348/SLR/2024/i3a2

Abstract

The provision of gender-affirming care to transgender children has sparked significant discourse within medical, ethical, and legal realms. This contribution examines the evolving conceptualisations of children’s autonomy and decision-making capacity within the context of paediatric health care, with particular attention devoted to the unique challenges posed by gender dysphoria. It also investigates the legal landscape surrounding the rights of transgender children to access gender-affirming care. This contribution advocates for a rights-based approach that prioritises the autonomy and well-being of transgender children in the provision of gender-affirming care, while also acknowledging the complexities and ethical dilemmas inherent in navigating this terrain.

The concept of dominance through the lens of Babelegi and Dis-Chem [Discussion of Competition Commission v Babelegi Workwear Overall Manufacturers and Industrial Suppliers CC CR003Apr20 and Competition Commission v Dis-Chem Pharmacies CR008Apr20]

by | Aug 4, 2025 | SLR, SLR V35 I3

The concept of dominance through the lens of Babelegi and Dis-Chem [Discussion of Competition Commission v Babelegi Workwear Overall Manufacturers and Industrial Suppliers CC CR003Apr20 and Competition Commission v Dis-Chem Pharmacies CR008Apr20]

Author: Phumudzo S Munyai

ISSN: 1996-2193
Affiliations: LLB LLM LLD
Source: Stellenbosch Law Review, Volume 35 Issue 3, 2024, p. 257-272
https://doi.org/10.47348/SLR/2024/i3a3

Abstract

This contribution provides an analysis of two landmark decisions of the Competition Tribunal in Competition Commission and Babelegi Workwear Overall Manufacturers and Industrial Suppliers CC CR003Apr20 and Competition Commission and Dis-Chem Pharmacies CR008Apr20. Arising from broadly similar sets of facts, and producing almost identical responses from the competition authorities, the decisions are significant for South Africa competition law, not only as the first to be considered under section 8(1)(a) of the Competition Act 89 of 1998 but also due to a range of novel issues arising from the cases and findings of the Competition Tribunal. While the judgments, which were handed down a few years ago, remain sensations in many competition law lecturing halls across the country, they have to date elicited a disappointing rate of return in terms of legal academic commentary and debate. This contribution provides an overview of the two decisions, focusing particularly on the Tribunal’s decision to avoid defining the relevant markets for purposes of establishing dominance, but concluding nevertheless that the two firms were dominant and ultimately that they had abused their dominance by charging excessive prices in violation of section 8(1)(a) of the Competition Act.

Situated in time and space [Discussion of Gongqose v Minister of Agriculture, Forestry and Fisheries 2018 5 SA 104 (SCA)]

by | Aug 4, 2025 | SLR, SLR V35 I3

Situated in time and space [Discussion of Gongqose v Minister of Agriculture, Forestry and Fisheries 2018 5 SA 104 (SCA)]

Author: Lindani Mhlanga

ISSN: 1996-2193
Affiliations: BA LLB LLM LLD
Source: Stellenbosch Law Review, Volume 35 Issue 3, 2024, p. 273-288
https://doi.org/10.47348/SLR/2024/i3a4

Abstract

This contribution draws inspiration from a recently published book chapter, “The Trans-Temporality of Land Ownership in South Africa” by GE Kamdem Kamga and I de Villiers, which I have had the pleasure of reading and responding to in its formative stages. The chapter critically examines the evolving concept of land ownership within the suburbs of Bloemfontein, South Africa, particularly through the lens of time. Drawing from interviews conducted in the Cape Stands area, the chapter reveals how residents assert land ownership based not only on conventional legal instruments, such as title deeds, but also on non-traditional grounds like inheritance and longterm occupation. This exploration highlights the dual role of time in both entrenching inequality and offering a pathway to remedy it. The chapter juxtaposes conventional formal and informal understandings of land ownership, arguing that the passage of time has blurred the lines between this distinction, making it increasingly irrelevant in the eyes of those in possession. Building on this thesis, this contribution investigates whether the passage of time has, indeed, created the necessary space to reframe our understanding of land ownership, with the potential to address longstanding structural inequalities in South Africa. Using the landmark case of Gongqose v Minister of Agriculture, Forestry and Fisheries 2018 5 SA 104 (SCA) as a focal point, the contribution explores the viability of this temporal space in facilitating transformative outcomes. It critically examines whether time has passed without any significant changes in traditional patterns of land ownership or whether there has been meaningful progress in creating opportunities to rethink and restructure land ownership in a more equitable and just manner.

An examination of decolonisation and Africanisation in the legal context

by | Aug 3, 2025 | SLR, SLR V35 I3

An examination of decolonisation and Africanisation in the legal context

Author: Fanelesibonge Craig Mabaso

ISSN: 1996-2193
Affiliations: LLB LLM PhD
Source: Stellenbosch Law Review, Volume 35 Issue 3, 2024, p. 289-298
https://doi.org/10.47348/SLR/2023/i3a5

Abstract

#Feesmustfall and #Rhodesmustfall were student-led movements that stimulated a necessary discussion of decolonisation, Africanisation and a reimagined post-colonial South Africa. While other academic fields have engaged in rigorous research on decolonisation and Africanisation, there has been very little research on decolonisation and Africanisation from a legal perspective. This contribution focuses on the decolonisation and Africanisation of the law in particular because the law is a sociopolitical construct that regulates all spheres of a person’s life, as well as the relationships that people have with each other and with the state. It is these spaces that were colonised, the law along with physical violence being the primary instrument of colonisation. With this in mind, any discussion of decolonisation necessitates a discussion of decolonising the law. The contribution will also examine the notion of Africanisation and its relationship to decolonisation.