The editorial team of Inkundla Student Journal are pleased to present the 4th edition of the Journal. The aim of the Inkundla Student journal has always been to encourage and to facilitate scholarly legal writing among law students and this edition continues to pursue that goal. We have a firm belief that the best legal minds are formed and fashioned during their time at university, and we strive each year to bring some of the best student articles together to both analyse current legal issues and to offer our readers a foretaste of what the future of legal scholarship will be.

In the 2015 journal, the writers have offered critical analysis to contemporary issues in various spheres of law. Tshepo Mothulwe writes a detailed piece answering the question of who the primary benefactors of companies are – in a bid to shed some light on the overall purpose of a company in South African law. Sulaiman Hoosen explores the provisions of the recently passed Consumer Protection Act that focus on the protection granted to minors, and comments on their adequacy and relevance. Adrian Carr considers the legality or otherwise of “egg-brokers†and evaluates whether the legislation pertaining to such donations sufficiently protects women from exploitation. In considering the effect of the “subtraction from dominium†rule in the modern day, Katherin Pillay argues for a context-based approach for when and in what instances an obligation to pay money based on land can be considered a real right. Moving beyond South Africa's borders, Lynne Barry considers the international law norms relating to the prosecution of Heads of State’s of countries that are not signatories to the Rome Statute establishing the International Criminal Court. In a practical application of this analysis, she considers the possibility of international criminal law adjudication for possible charges against Robert Mugabe, current president of Zimbabwe. And finally, Karabo Matsoso analyses whether the Constitutional Court of South Africa has sufficiently developed the doctrine of meaningful engagement in the arena of the right to adequate housing. The editorial team found these articles to be insightful, engaging and thought provoking and we trust that you will find them similarly stimulating.

We would also like to extend our gratitude to the students who submitted their articles for consideration, and the lecturers at the Wits law school for their assistance in encouraging students to submit their work to the editorial team for consideration, and their assistance in identifying possible articles for publication.

We trust you will enjoy reading the 4th edition of the Inkundla student journal as much as we enjoyed collating it.

The online version of this journal is available at www.inkundlajournal.org 

The Editorial Team, 2015


Note on Contributions

We encourage all students to submit articles for consideration for the next edition of Inkundla. To do so, email us at witslawjournal@gmail.com, or visit www.inkundlajournal.org to engage with fellow writers and researchers.


The editors would like to thank Franziska 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. . We would also like to thank the Wits law school for their financial backing and support of this project and to Mariya Badeva-Bright for her help with the Inkundla website. Furthermore we would like to thank Chiuta Ndube for the contribution towards the new front cover, and encourage other students to contribute towards the development of this initiative in the future.

Published: 2015-05-01