Another year has passed, and after much work and much learning, another group of student-editors is pleased to release the 3rd edition of Inkundla. Inkundla is a student-driven initiative, aimed at showcasing the best of legal writing and research at the Wits Law School. Though still at the very beginning of their legal careers, we believe that the students have valid thoughts and ideas about the world they live in, and the societies they are preparing to serve. This journal presents a forum for them to share their ideas and make their contribution to the development of legal knowledge.

The focus of this edition is corporate law, human rights and social justice. Human rights will always be a topical issue, touching as it does on the very essence of the person who is the subject of all social and economic concerns. If the current economic and social problems were viewed through a human rights lens, we perhaps might have averted the Marikana violence, or eradicated the seemingly entrenched differential treatment of women prevalent in Islamic countries such as Saudi Arabia. Still on the question of human rights, a proposal is put forward for the creation of the right to work in South Africa as a means of securing alternative and more dignified work for sex workers thus alleviating their plight. The different possibilities available to give meaning to and implement human rights further increase their applicability as means of addressing the plight of the vulnerable

Two authors tackle questions of corporate law. A critical analysis of the amendments of the 1973 Companies Act on the question of repurchases reveals curious gaps brought about by the introduction of new provisions and removal of old ones. The principle of reflective loss is discussed questioning the factors that determine the value of the shareholders’ loss.

We would like to thank Franzisker Sucker of the School of Law and Ernest Lee Mate, the founding editor, for their continued support and encouragement in our effort to produce this edition. Thanks to the Wits Law School for supporting us again financially and Ms. Mariya Badeva-Bright for her continued help with our website. We are also very grateful to the lecturers who encouraged their students to submit their articles, and to the students of the Wits Law School who sent us their work for publication.

As we present this third edition of Inkundla, we are reminded of our initial dream that this student journal would facilitate ‘peer’ education which will impact on the depth and breadth of the legal education of all involved. We hope that this publication has taken us closer to our goal.

The online version of the journal is available at


The Editorial Team, 2014

Published: 2014-05-01