Department of Criminal and Procedural Law

Prof MMM Monyakane

College of Law
School of Law
Department: Criminal and Procedural Law
Associate Professor
Tel: 012 429 4294
E-mail: monyammm@unisa.ac.za

Qualifications

  • BA LAW
  • LLB
  • LLM Public Law
  • LLM Mercantile Law
  • LLD Mercantile Law 

Currently teaching

  • Comunication Law
  • Media Law
  • Selected Private and Criminal Law principles of the Internet

Fields of academic interests

  • International Trade Law (WTO/GATTS)
  • Labour Law
  • Constitutional Law
  • Administrative Law
  • Criminal Law
  • Law of Evidence
  • Media/Medium Law

Field of Specialisation

  • Constitutional Procedure entailing Criminal procedure and Civil procedure

Journal articles

  1. Liebenberg S (Prof), (Monyakane M and Loots B. as Assistants). Enhancing Accountability for the Basic Needs of the Poor: The Judicial Enforcement of Socio Economic Rights in South Africa.  2005, Paper Presented at the International Workshop on Social Security (by prof Liebenberg)

  2.  Monyakane M:  ‘The Law of Maintenance Pertaining to the Education of Children  - Is it in the Best Interest of the Child?” The Light In The Night.  NUL publications. 1996 ( a brief)

  3. Monyakane M: Anti Corruption Act: An Improvement on Fraud and Bribery at Common Law. 2002,  Dissertation in partial-fulfillment of the LLB degree

  4. Monyakane M: “The Protection of Children’s Rights under Justice System.” 1999 Project Report for Save the Children Fund United Kingdom

  5. Monyakane M:  Special and Differential Treatment under the World Trade Organisation (WTO) with Specific Reference to the Application of the WTO Agreement on Agriculture.   2005,   Dissertation in partial fulfillment of the LLM degree in Mercantile Law, Published at www.etd.uovs.ac.za/cgi_bin/etd

  6. Monyakane M:  An evaluation of the transformation of public service delivery through the development of administrative justice in South Africa.  2007, Thesis in partial fulfillment of the LLM Degree in Public Law, Published at www.sun.ac.za/library

  7. Monyakane MMM: The Disparities in Section3, Hearsay-Admissibility Rules and the Negative Effects    the Consent Clause in Section(1)(a) has on the Accused whose Representative Agree to the Admission of Hearsay Evidence to Prove a Case Against their Clients. 2015 (36.1) Obiter 136-149

  8. Monyakane MMM: The Implied Denial of the Innovation in Traditional Medicinal Knowledge by the South African Intellectual Property Law and its Effects. 2015 Proceedings of the 3rd International Conference on Innovation and Entrepreneurship E-book ISBN: 978-1-910309-93-3, 112

  9. Monyakane MMM: Examining Pre-Colonial Indigenous Knowledge Management Systems Philosophies for Legally Protecting Traditional Medicinal Knowledge. 2015 Proceedings of the 16th European Conference on Knowledge Management E-book ISBN: 978-1-910810-47-7

  10. Monyakane MMM: The South African Drugs and Drug Trafficking Act 140 of 1992 read with the South African Criminal Law Amendment Act 105 of 1997: an example of a One Size fits all Punishment? 2016 Criminal Law Forum ISSN: 1046-8374 (Print) 1572-9850 (Online)

  11. Monyakane MMM: Towards a clearer Constitutional meaning of the “best interest of justice test” in section (1)(c) of the South African Law of Evidence Amendment Act 45 of 1988 (LEAA) 2017 International Journal of Law (JoL) - AIRCC Journals (online)

  12. MMM Monyakane and SM Monye: The legal implications of S v Ndhlovu and Litako v S on the South African law of hearsay evidence: A critical overview (2016) SACJ VOL 29 NO 3 308

  13. Monyakane M M-E M. A Rehabilitative South African Criminal Law Response to Nyaope, Drug Addiction: - A Recommendation for Health Oriented Nyaope Drug Weaning. Res Pediatr Neonatol. 3(1). RPN.000554.2018. DOI: 10.31031/RPN.2018.03.000554 (2018) ISSN: 2576-9200

  14. Monyakane MMME (2016) Irrationality in South African Crime of Possession and Use of Nyaope and Its Possible Influences on the Missing Health Oriented State Interventions for Nyaope Addicts. J Addict Behav Ther Rehabil 5:4. doi: 10.4172/2324-9005.1000158 ISSN: 2324-9005

  15. Monyakane MMM  The Constitutionality of Employers' Investigative Procedures and Disciplinary Hearing Processes with Specific Reference to Dismissal of Employees on the Basis of Criminal Misconducts in South Africa  (2020) LLD Thesis University of South Africa

Paper presentations

  • Towards a rehabilitative South African criminal law response to Nyaope, drug abuse: - A recommendation for medical oriented Nyaope drug weaning.  Presented at the BIT’S 15TH Annual Congress : IDDST Japan 28 July 2017
  • Employers' investigatory powers regarding dismissal on the basis of criminal misconduct: Assessing the constitutionality of the investigative and disciplinary-hearing processes: 20 Years of the Constitution of the Republic of South Africa Conference Date: 14-16 March 2016 Pretoria, South Africa
  • The procedural prejudices incidental to simultaneous employer disciplinary hearings and criminal prosecution of employee criminal misconduct:- Labour Relations Law in South Africa: Twenty Years of Law-making and Adjudication Conference 17-18 August 2016
  • Examining pre-colonial indigenous knowledge management systems’ philosophies for legally protecting traditional medicinal knowledge ACPI: ECMK 2015 16th European Conference on Knowledge Management, University of UDINE, ITALY 
  • The Implied Denial of the Innovation in Traditional Medicinal Knowledge by the South African Intellectual Property Law and its Effects, ACPI:  ICIE 2015 3rd International Conference on Innovation and Entrepreneurship, Durban South Africa
  • The need to examine pre-colonial indigenous Knowledge management systems philosophies for legally protecting traditional medicinal knowledge SPRING LAW CONFERENCE 2015
  • The drug trafficking act read with the minimum sentences act, another type of unfair “one size fits all” punishment:- the  plight of sentencing to prison nyaope addicts who sell nyaope to maintain their addiction Monye SM and Monyakane MMM 10TH ANNUAL EASTERN & WESTERN CAPE UNIVERSITIES EMERGING RESEARCHERS' CONFERENCE January 2015
  • Does the current public policy on marriage mitigate for the extension of marital privilege principles to other forms of family partnerships or for total expunsion of this concept from our law books? Monye SM and Monyakane MMM 10TH ANNUAL EASTERN & WESTERN CAPE UNIVERSITIES EMERGING RESEARCHERS' CONFERENCE January 2015
  • The Drugs and Drug Trafficking Act 140 of 1992 read with the Criminal Law Amendment Act 105 of 1997: an example of a One Size fits all Punishment? Law Teachers Conference, Durban, July 2015

Professional positions, fellowships & awards

  • Lecturer law of Evidence 2014-2016
  • Senior Lecturer Law of Evidence 2016-to date
  • Acting Chair of the Department of Criminal and Procedural Law UNISA 2018
  • Advocate of the High Court of South Africa 2004-to date
  • Member of Black Lawyers Association 2009-to date
  • Member of National Forum of Advocates 2009-2018
  • Member of Women in Academia 2014-to date
  • Member of Church Square Association of Advocates 2018 -to date
  • Registrar of High Court and Court of Appeal 1997-2003
  • State Law Adviser (Researcher Law Reform Commission) 2003-2006
  • Law Clerk Constitutional Court of South Africa 2007
  • South African constitutional court law clerks’ alumni 2007-to date
  • Adviser - Office of the Chief Justice South Africa 2011
  • Judge - Students Judiciary Committee 1997
  • Judge President - Students Judiciary Committee 1998-2001
  • Coordinator LLM studies IDLU Center for Human Rights- University of Pretoria 2010
  • Awarded Mellon Foundation Scholarship for selected academic research 2005-2007 Stellenbosch University
  • Awarded the TATA Foundation Scholarship Complement for outstanding research outcomes 2008-Stellenbosch University

Projects

  • Invention of Forensicare Modules for Legal Professionals
  • Member of BRICS committee UNISA (involved in ongoing Projects)

Other

  • Prodeo Legal Representation for Indigents (Member Voice of the Voiceless NOP)