Mr Gaopalelwe Mathiba

Qualifications

•  LLM cum laude (UWC)
•  LLB (NWU)

Currently teaching

• Constitutional Law

Fields of academic interests

• Constitutional law
• Property Law (Constitutional Aspects)
• Local Government Law
• Human Rights Law

Books

• “Chapter 11: The Constitutionality of the COVID-19 Moratorium on Evictions in South Africa” in Boggenpoel Z et al.(eds) Property and Pandemics: Property Law Responses to COVID-19 Claremont: Juta (2021) at 208-228
• “Chapter 7: Strengthening the Gambia’s Electoral Regime: A Quest for Inclusive and Participatory Democracy’ (book chapter, accepted for publication on special volume by Pretoria University Law Press)

Journal articles

1. “Corruption in Land Administration and Governance: A Hurdle to Transitional Justice in the Post- Apartheid South Africa?” (2021) 42(3) Obiter 561-579
2. “Rethinking the Regulation of Mining Activities in a Declared Protected Environment: MEJCON Case Analysis” (2020) 34(2) Speculum Juris 146-155 (with OK Lefenya)
3. “Corruption, Public Sector Procurement and COVID-19 in South Africa: Negotiating the New Normal” (2020) 55(4) Journal of Public Administration 642-661
4. “Book Review: Exploring the link between poverty and human rights in Africa” (2020) 20(1) African Human Rights Law Journal 346-353
5. “Book Review: South African schooling: The enigma of inequality” (2020) 18(3) Journal of Transformative Education 251-259 (with T Nkoana)
6. “Book Review: Decentralisation and Constitutionalism in Africa, edited by Charles M. Fombad and Nico Steytler” (2020) 50(4) Publius: The Journal of Federalism 1-12
7. “Revitalising the role of the Auditor-General under the auspices of The Public Audit Amendment Act 5 of 2018: a quest for public financial accountability” (2019) 54(4) Journal of Public Administration 532-545 (with K Lefenya)
8. “Can a provincial government under national intervention intervene in a municipality?” (2019) 14(2) Local Government Bulletin 1-5
9. “The role of the International Monetary Fund (IMF) in relation to social protection” (2019) 20(1) ESR Review: Economic and Social Rights in South Africa 25-27
10. “Evictions and tenure security in South Africa: a review of Baron and Others v Claytile (Pty) Ltd and Another (2017)” (2018) 19(2) ESR Review: Economic and Social Rights in South Africa 12-15
11. “Has COVID-19 pandemic hinted at a necessary revisit to the South African eviction law? Assessing the effectiveness of pandemic-induced eviction moratorium” ESR Review (forthcoming)

Paper presentations

Other Publications (Blogs):

• “Traditional Leaders as “Colonial Agents” and the Land Question” in News24 June 2018
• “Time to clean out the Augean Stables of local government’ in Daily Maverick 28 May 2019
• “COVID-19 and South African Universities - a Raft of Problems to Ponder” in Daily Maverick 9 April 2020
• “Mining companies should not protect only mineworkers against Covid-19, but mining communities as well: AMCU v DMRE & Others” in MLiA University of Cape Town May
• 2020
• “The looming coronavirus-induced mass retrenchments: at the crossroads of MPRDA and LRA” in UCT MLiA April 2020
• “The Constitutional Court reinforces the “first come – first serve” approach in granting prospecting and mining rights” in UCT MLiA March 2020
• “The Force Majeure doctrine and Coronavirus: A Mining Industry Perspective” in UCT MLiA March 2020
• “A Need for Racial Reform in Academia in South Africa’ in The Journalist October 2018
• “Traditional Leaders as ‘Colonial Agents’ and Land Question” in The Journalist June 2018 (republished by News 24)
• “Public Sector Procurement: The Deconstruction of the SASSA Debacle and Aftermaths of Non-Compliance of the Constitutional Duties by the Minister of Social Development” (2017) 73(3) Journal for Progressive Thought (The Thinker) 4.
• “Some Lessons from the Constitutional Court Rulings in two important cases’ (2016) 69(3) The Journal for Progressive Thought (The Thinker) 6 (with Khunou SF)

Conference presentations:

• “Enhancing Accountability for Environmental Damage in South Africa, Zimbabwe, Mozambique and Swaziland: Towards Environmental Justice” at the Environmental Law Association (EIA) Annual Conference, 15-18 September 2021, EIA (with K Lefenya)
• “Critical Assessment of the Whistle-blower Protection in the AU Convention on Preventing and Combating Corruption: South Africa in Context” at the 5th Annual Conference of the Law and Development Network: “Beyond the Crisis: Challenges and Opportunities for Law and Development” 24-26 November 2021, LDRN, NMMU
• “The Potential of Asset Recovery in Deterring Corruption & Other Transnational Crimes: South African Perspective with insights from Bobroff v NDPP [2021]” at the 4^th International Conference on the Right to Development: “Right to Development and Illicit Financial Flows from Africa” 1-2 November 2021, Centre for Human Rights, UFS
• “The mine community displacement and resettlement conundrum in South Africa” for the Property, Law & Society Handbook Project (online) at the University of Melbourne, 17-19 June 2021 (with H Mostert)
• “The historical evolution of land reform project in South Africa” NWU Law Faculty Seminar, 2018