Faculty of Law
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The Faculty of Law is situated in the Old Main Building, the centre of Stellenbosch. Initially the Faculty concentrated on LLB degrees, training and equipping students, not merely as legal practitioners, but also as jurists. Graduates of the Faculty include judges, advocates, attorneys, business people, politicians and academics.
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- ItemDeprivation of trade marks through state interference in their usage(Stellenbosch : Stellenbosch University, 2013-05) Dean, Owen H.; SU Language Centre; SUNMeDIAOwen Dean holds the degrees BA (Law), LLB and LLD from Stellenbosch University, obtained in, respectively, 1964, 1966 and 1989. He is admitted to practice as an attorney in South Africa, Namibia and Botswana. Dean is a previous Chairman, presently a consultant, of Spoor and Fisher, leading intellectual property attorneys. His personal fields of specialisation include trade mark and copyright law, with a special emphasis on litigation and opinion work. He served on the Government’s Advisory Committee on Intellectual Property Law for 20 years and as Chairman of the Copyright Subcommittee of that committee. He is also a former President of the South African Institute of Intellectual Property Law. He conceived and chaired the Drafting Committee of the Counterfeit Goods Act and also conceived and drafted section 15A of the Merchandise Marks Act (ambush marketing). Dean is the author of the Handbook of South African Copyright Law; the author of the chapter on “South Africa” in International Privacy, Publicity and Personality Laws, edited by Michael Henry; the author of the chapter on “South Africa” in Copyright: World Law and Practice, edited by Morag McDonald, Uma Suthersanen and Cristina Garrigues; and co-author of the title “Copyright” in Butterworths Forms and Precedents. Dean has served as a member of the international editorial boards of Copyright World and Entertainment Law Review. He has published articles in, inter alia, the following journals: Trademark World, Copyright World, Managing Intellectual Property, European Intellectual Property Review (EIPR), Entertainment Law Review, Canadian Intellectual Property Review, De Rebus, Tydskrif vir Hedendaagse Romeins-Hollandse Reg/Journal of Contemporary Roman- Dutch Law, South African Law Journal, Businessman’s Law, Stellenbosch Law Review, SA Mercantile Law Journal, Juta’s Business Law, Responsa Meridiana and Encyclopaedia of Brands and Branding. Dean is a frequent speaker on intellectual property matters at seminars and conferences, including international meetings organised by the International Trademarks Association (INTA), the Institute of Trademark Agencies (ITMA) the World Intellectual Property Organisation (WIPO) and the International Association of Entertainment Lawyers (IAEL). He has lectured on intellectual property law at the University of the Witwatersrand, the University of Cape Town, Rhodes University, Stellenbosch University and the Rand Afrikaans University (now University of Johannesburg). Dean has been appointed to the Panel of Adjudicators for South African Domain Name Disputes, the World Intellectual Property Organization Panel of Arbitrators for Domain Name Disputes, the Stellenbosch University Business School Panel of Mediators and the Intellectual Property Panel of the Arbitration Federation of South Africa (AFSA). He was listed as a Senior Statesman of Intellectual Property and a Key Individual of Spoor and Fisher by Chambers and Partners in 2012 and 2013 in the Global- Wide and Pan-Regional sections of the Chambers Global rankings. With effect from 2011, he was appointed as a professor at the Faculty of Law at Stellenbosch University, where he is the incumbent of the Anton Mostert Chair of Intellectual Property Law.
- ItemIntersections of law and cooperative global climate governance challenges in the anthropocene(Stellenbosch : Stellenbosch University, 2013-03) Ruppel, Oliver C.; SU Language Centre; SUNMeDIA;Oliver C. Ruppel joined the Department of Mercantile Law, Stellenbosch University (SU) as professor in January 2011. Until then he held one of the 14 prestigious Chairs in the Academic Programme of the World Trade Organisation (WTO), Geneva (Switzerland), which he established at the Faculty of Law, University of Namibia in 2009. Prior to this, in 2007, he was appointed to serve as Director of the Human Rights and Documentation Centre, a national institute established by statute under the Namibian Ministry of Justice and the University of Namibia. As the author of seven books, numerous articles in international journals and other academic writings his research focuses on international law and diplomacy, with a particular focus on world trade law, regional integration policy, sustainable development law and environmental law. At SU he is in charge of the LLM modules on aspects of environmental law and legal aspects of world and regional trade. He also lectures as a Professor Extraordinaire at various institutions in Africa and around the world. At present he also serves as AR5 Coordinating Lead Author (CLA) for the Chapter on Africa in the United Nations Intergovernmental Panel on Climate Change (IPCC), Working Group II. Oliver obtained his undergraduate law degree after studies at the Universities of Lausanne (Switzerland) and Munich (Germany) where he also completed his training as legal practitioner (Freiherr von Schuckmann Attorneys). He holds an LLM (Stell), MM (Hagen), LLD (CU) and a PG Dip Int. Human Rights Law (Finland). He is an International Arbitrator (FA Arb) with the Association of Arbitrators of Southern Africa and a Commercial Mediator (SCCM) with the Swiss Chamber for Commercial Mediation, Zurich (Switzerland). He is a member of the United Nations Environmental Programme’s (UNEP) Association of University Lecturers, Nairobi (Kenya); the IUCN Academy of Environmental Law, Ottawa (Canada); the Administrative Law Reform Commission, Ministry of Justice, Windhoek (Namibia); the editorial board of NIELS Journal of Environmental Law, Lagos (Nigeria); the editorial board of Legal Perspectives on Global Challenges Series, The Hague (Netherlands); the editorial board of Law and Constitution in Africa, NOMOS (Germany); the Swiss (SSDI) and the South African (SABILA) Branches of the Association for International Law. He is married to Dr Katharina Ruppel-Schlichting, who is also a lawyer by profession. They have two daughters, Franziska Freyja Nicolette (10) and Sophia Emma Antoinette (5).
- ItemIP : politics and beyond(2017-09) Karjiker, Sadulla; van Tonder, Annette; AFRICAN SUN MeDIAINTRODUCTION: As this lecture also serves as this year’s Annual IP lecture of the Anton Mostert Chair of Intellectual Property Law (the “Chair”), I have decided to speak about an aspect of my role as the Chair — or what has occupied a significant amount of my time recently — and some of the research I am currently conducting. As the official title of my position as the Chair makes clear, I am now principally concerned with intellectual property law. This necessarily requires some sought of introduction to intellectual property law, sometimes referred to simply as “IP law.”
- ItemMore eyes on COVID-19 : a legal perspective: the unforeseen social impacts of regulatory interventions(Academy of Science of South Africa, 2020-07-29) Madonsela, ThuliNo abstract available.
- ItemRe-evaluating the court system in PIE eviction cases(Juta Law, 2018) Cloete, Clireesh; Boggenpoel, Z. T.The nexus between the court system (meaning in this note the civil-procedure rules and conventions according to which a matter is litigated) and the application of ss 4(1) and 4(7) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (‘PIE’) is the focus of this note.
- ItemThe role played by trust in imposing vicarious liability on the state for the intentionally committed violent crimes of police officers(Juta Law, 2018) Wessels, A. B.In recent years the state’s delictual liability has been expanded to a significant degree. Although the state has been held liable in delict for harm arising from a diverse array of factual scenarios (see eg the South African Law Reform Commission “Medico-legal Claims” Paper 33, Project 141 (2017)), the overwhelming number of the state-liability cases appear to deal with harm arising from violent crime. In this context, courts have held the state (mostly the minister of safety and security or, as the office is now known, the minister of police) vicariously liable in two types of circumstances. On the one hand liability has followed where state employees (mostly police officers, but also other state employees such as public prosecutors) negligently and wrongfully failed to prevent the plaintiff’s harm arising from a crime (eg Minister of Safety and Security v Van Duivenboden 2002 6 SA 431 (SCA); Van Eeden v Minister of Safety and Security 2003 1 SA 389 (SCA); Minister of Safety and Security v Hamilton 2004 2 SA 216 (SCA) and Minister of Safety and Security v Carmichele 2004 3 SA 305 (SCA)). In other instances vicarious liability has been imposed on the state for the harm that was intentionally and wrongfully caused by its employees (eg K v Minister of Safety and Security 2005 6 SA 419 (CC) and F v Minister of Safety and Security 2012 1 SA 536 (CC)). This note focuses on aspects related to the judicial expansion of the state’s liability for harm arising from crime in the latter situation. It does so for the following reason. Two recent judgments by the supreme court of appeal have been criticised as undermining the stability that was introduced into this area of the law by the leading judgment of the constitutional court in the K (CC) case (Scott “Intentional delicts of police officers: a hiccup from the supreme court of appeal” 2017 TSAR 872 874-875). In Minister of Safety and Security v Morudu ((1084/13) 2015 ZASCA 91 (29 May 2015)) and Minister of Safety and Security v Booysen ((35/2016) 2016 ZASCA 201 (9 December 2016)), where state employees respectively assaulted and murdered members of the public, the supreme court of appeal declined to hold the state vicariously liable for the harm arising from these intentionally committed crimes of its employees. Scott has argued that these judgments raise “the question of a possible turning-point in the approach towards application of the K test for establishing a sufficiently close link between an employee’s delict and his or her employment” (Scott 876). The judgments in the Booysen and Morudu cases therefore call for a fresh evaluation of the reasoning espoused in the K case and subsequently entrenched in the F (CC) case. Such an analysis may assist in better understanding the reasons for the court’s perceived deviation from the dispensation introduced by the K and F cases. This article, however, does not aim to engage solely with the judgments in the Morudu and Booysen cases (for such an analysis, see Scott), but attempts to provide an explanation for the court’s decision to deny vicarious liability in both cases. In particular, critical attention will be paid to the absence or presence of a relationship of trust between the victim of a crime and the perpetrator. Ever since the judgments in the K and F cases, this factor has played a central role in holding the state vicariously liable for the intentionally committed violent crimes of police officers.
- ItemSubmission to Parliament on the review of section 25 of the Constitution of the Republic of South Africa, 1996(2019) Slade, B. V.; Pienaar, J. M.; Boggenpoel, Z. T.; Kotze, T.On the 27th of February 2018, the National Assembly adopted a motion to review section 25 and other relevant provisions of the Constitution of the Republic of South Africa, 1996, to permit the state to expropriate land in the public interest without paying compensation. The Constitutional Review Committee, mandated by the National Assembly, has invited written submissions on this matter. We hereby submit our submission on the motion to review section 25 and other relevant provisions. We are also prepared to make oral representation if the need arises.
- ItemTransformative legal education(Stellenbosch : Stellenbosch University, 2011-09) Quinot, G.; Stellenbosch University Language Centre; Davis, HeloiseGeo Quinot obtained the degrees BA (Law) cum laude, LLB cum laude and LLD from Stellenbosch University. Upon obtaining his LLB degree in 2000, he was awarded the Stellenbosch University Chancellor’s Medal. He also obtained an LLM from the University of Virginia School of Law in the USA on a Fulbright scholarship. In 2004 he was admitted as an advocate of the High Court of South Africa. Geo’s research focuses on general administrative law, including a particular focus on the regulation of state commercial activity. He is the author of various articles in academic journals, electronic publications and chapters in books. He has authored two books, State Commercial Activity: A Legal Framework (2009) and Administrative Law Cases and Materials (2008). He is currently the lead African partner in a British Academy-funded research partnership with the University of Nottingham, involving a large number of mostly African scholars researching public procurement regulation in Africa. Geo is involved in a number of teaching development initiatives, including a revision of the university’s assessment policy and the establishment of a comprehensive programme to develop law students’ writing skills. Following articles at Sonnenberg Hoffmann Galombik, Geo was appointed as a lecturer in the Department of Public Law, Stellenbosch University, in 2004 where he teaches administrative law, constitutional law and public procurement law. He was promoted to senior lecturer in 2007, to associate professor in 2009 and to professor in 2010. He is currently the editor of the Stellenbosch Law Review. Geo is married to Marinelle and they have two daughters, Delinda (4) and Célina (2).