Department of Public, Constitutional and International Law

Dr DT Mailula

College of Law
School of Law
Department: Public, Constitutional and International
Chair
Tel: 012 429 8509
Fax: 012 429 8587
E-mail: mailudt@unisa.ac.za

Qualifications

  • B. Proc (cum laude)
  • LLD
  • LLM
  • LLB

Fields of academic interests

  • Constitutional Law proper (not human rights law)
  • Recognition/Development of Customary Law
  • Oil and Gas law (upstream)
  • Mining
  • Mineral law

Books

Co-author of the textbook titled The South African Constitutional Law in Context (P de Vos & W Freedman (eds) (2014 Oxford University Press)

Journal articles

  • Customary (communal) land tenure in South Africa: Did Tongoane overlook or avoid the core issue? Constitutional Court Review 4 (2011) 73
  •  ‘Is the Causa of Damages a Requirement for their Exclusion from the Joint Estate in terms of Section 18(a) of the Matrimonial Property Act? Van den Berg v Van Den Berg 2003 6 SA 229 (T)’ , published in THRHR (68) 2005 (an accredited journal)
  • ‘Taking Children’s Rights Seriously: Access, Custody and Guardianship of Children Born Out of Wedlock, published in Codicillvs vol 46 No 1 (2005)’
  • ‘The Constitutional Right to Freedom of Expression: Phillips v Director of Public Prosecutions (Witwatersrand Local Division)’ 2003 4 BCLR 357 (CC), published in SAPR/PL 20 (2005) (an accredited journal)
  • ‘Abdication of Judicial Responsibility: Cultural Self-determination and the Development of Customary Law from ShilubanaSAPR/PL (2008) 23

Paper presentations

  • “Consultation with Indigenous Peoples an Local Communities: Reality or Rhetoric in the South African Mining Industry” paper presented at the conference of the Society of Law Teachers of Southern Africa (SLTSA) hosted by the University of KwaZulu Natal held in Pietermaritzburg from 13-16 July 2009
  • “State Sovereignty and Custodianship of Mineral and Petroleum Resources under the MPRDA does it constitute Expropriation” paper presented at the conference of the Society of Law Teachers of Southern Africa (SLTSA) hosted by the University of Stellenbosch in Stellenbosch from 17 – 20 January 2011
  • “An analysis of the legal framework for national executive intervention in provincial administration” paper presented at the conference of the Society of Law Teachers of Southern Africa (SLTSA) hosted by the Nelson Mandela Metropolitan University held in Port Elizabeth from 10-13 July 2012