Development, Innovation and the Fourth Industrial Revolution (4IR): An Ethno-Legal Analysis

by | Dec 9, 2025 | SAMLJ, SAMLJ V37 I3

Development, Innovation and the Fourth Industrial Revolution (4IR): An Ethno-Legal Analysis

Authors: Mzukisi Njotini & Alizwa Zisile

ISSN: 1996-2185
Affiliations: Dean of the Faculty of Law, University of Fort Hare; LLD Candidate in the Faculty of Law, University of Fort Hare
Source: South African Mercantile Law Journal, Volume 37 Issue 3, 2025, p. 299 – 317
https://doi.org/10.47348/SAMLJ/v37/i3a3

Abstract

Scholarly views diverge on how the law or legal rules should satisfactorily regulate the 4IR or 4IR technologies and algorithms. Some scholars postulate that because the 4IR develops rapidly the law should consequently be tightened to control the ever-changing character of these innovations. This exists because of the propensity of the technologies developing beyond state or government control. With this development, legal rules prove to be insufficient to manage the 4IR and control its algorithmic outcomes. Accordingly, regulators will often resort to, amongst others, over-regulations and dumb regulatory structures. The latter signifies frameworks which are not established from the proper understanding of the technologies to be regulated. They fail to provide adequate solutions to the whole technology regulatory agenda. Therefore, the contribution hypothesises that legal rules are not the solitary mechanism to the overall study of technology regulations. The way the 4IR intersects with ethics is essential to the creation of a smart way of regulating, that is, Smart Regulations. Smart Regulations accept that the essence of regulating is not championed though a single state actor. Instead, regulations are a collaborative (consumers, state, and stakeholders) process that enjoins regulators to scrutinise the ethical behaviour of the 4IR and 4IR technologies.

From Protection to Exclusion? The Paradox of Pre-Contractual Affordability Assessments for Low-Income Mortgage Applicants in South Africa

by | Dec 9, 2025 | SAMLJ, SAMLJ V37 I3

From Protection to Exclusion? The Paradox of Pre-Contractual Affordability Assessments for Low-Income Mortgage Applicants in South Africa

Authors: Nzumbululo Silas Siphuma & Babongile Sibusisiwe Bophela Molekane

ISSN: 1996-2185
Affiliations: Senior Lecturer, Department of Jurisprudence, Unisa College of Law; Director, Bophela Molekane Inc Attorneys
Source: South African Mercantile Law Journal, Volume 37 Issue 3, 2025, p. 318 – 331
https://doi.org/10.47348/SAMLJ/v37/i3a4

Abstract

This article examines the unintended exclusionary consequences of pre-contractual affordability assessments under the National Credit Act 34 of 2005 (NCA), with a particular focus on low-income consumers seeking mortgage finance. While the NCA aims to promote responsible lending and protect consumers from reckless credit, its implementation has produced structural barriers that limit access to housing finance for those most in need. The article demonstrates that affordability assessments, while protective in intent, often reproduce inequality by privileging consumers with formal income, established credit histories, and high levels of financial literacy. The central contribution of this article is to show that the current regime, although legally compliant, is substantively unjust because it systematically excludes low-income households from access to mortgage credit. It argues that this exclusion undermines s 26 of the Constitution and South Africa’s international obligations to progressively realise the right to adequate housing. To address these challenges, the article proposes reforms aimed at recalibrating affordability assessments toward substantive equity. These include recognition of informal income and collective household contributions, the development of inclusive credit scoring models, the integration of financial literacy into the lending process, shared-risk models between the state and private lenders, and strengthened transparency obligations. By advancing these reforms, the article contributes to debates on how consumer credit regulation can balance protection with inclusion, thereby aligning mortgage finance with South Africa’s constitutional and developmental objectives.

Mapping Moral Rights: An Analysis Of What We Do Not Know About Section 20 of the Copyright Act 98 of 1978

by | Dec 9, 2025 | SAMLJ, SAMLJ V37 I3

Mapping Moral Rights: An Analysis Of What We Do Not Know About Section 20 of the Copyright Act 98 of 1978

Author: Lee-Ann Tong

ISSN: 1996-2185
Affiliations: Associate Professor, Department of Commercial Law, University of Cape Town
Source: South African Mercantile Law Journal, Volume 37 Issue 3, 2025, p. 332 – 361
https://doi.org/10.47348/SAMLJ/v37/i3a5

Abstract

South Africa implements art 6bis of the Berne Convention through s 20 of the Copyright Act 98 of 1978. However, although the moral rights of authors have been part of the law since the Copyright Act came into force, there is no statutory guidance as to their nature, scope and duration, amongst other things, and the few reported cases do not offer insight. There is much uncertainty about the implications of enforcing the rights of paternity and integrity and the legal writing presents conflicting views. This paper maps the state of the law related to moral rights in South Africa to provide a comprehensive statement on the actual state of the law and its gaps. This is done in two parts. The first section presents a detailed examination and evaluation of how s 20 implements art 6bis into South African law. The second section identifies and explores six aspects of moral rights which are not settled definitively; this includes the scope, duration and transferability of moral rights.

The Slippery Slope of Contractual Fairness Fujitsu Services Core (Pty) Ltd v Schenker South Africa (Pty) Ltd 2023 (6) SA 327 (CC)

by | Dec 9, 2025 | SAMLJ, SAMLJ V37 I3

The Slippery Slope of Contractual Fairness Fujitsu Services Core (Pty) Ltd v Schenker South Africa (Pty) Ltd 2023 (6) SA 327 (CC)

Author: Michele van Eck

ISSN: 1996-2185
Affiliations: Associate Professor, School of Law, University of the Witwatersrand
Source: South African Mercantile Law Journal, Volume 37 Issue 3, 2025, p. 362 – 382
https://doi.org/10.47348/SAMLJ/v37/i3a6

Abstract

None