Dean bio

Professor Marita Carnelley

Academic Qualifications:
BA LLB (Stell); LLM (UNISA); PhD (Amsterdam)

Professional Qualifications:
Attorney of the High Court
Associate Member (Education): International Masters of Gaming Law (IMGL)

LLB Courses:
Family Law

Research Interests:
Primarily Gambling Law and Family Law.
Other areas of interest include Criminal Law and Administrative Law.

Recent Publications:

  • “Laws
    on adultery: comparing the historical development of South African
    common-law principles with those in English law” 2013(2) Fundamina (accepted) 
  • “A
    review of the criminal prosecution and sentencing of maintenance
    defaulters in South Africa, with commentary on sentencing strategies”
    2012 25(3) SACJ 343-360  
  • “Discussion of genetic
    links and monetary payments in South African and foreign Surrogate
    Mother Agreements, based on the judgment in Ex parte WH et al (GNP) unreported case number 29936/11 dated 2011-09-27, and with particular reference to the English experience” 2012 45(1) De Jure 179 – 188
  • “Protecting
    a wife financially at the time of divorce – A comparison between South
    African women married in terms of South African civil law and Islamic
    law, with special reference to the Mahr” 2012 33(3) Obiter 482 -502 (with S Bhamjee)
  • “Misattributed paternity – Nel v Jonker (WCHC) unreported case number A653/2009 dated 2001-02-17’ 2012 33(1) Obiter 163 -178 (with SV Hoctor)

See complete list of Prof Carnelley’s publications…

Recent Papers Delivered:

  • “I will”… “No, I won’t!” Breach of promise claims and the return of engagement gifts. Cloete v Maritz (WCHC) unreported case number 6222/2010 dated 24 April 2013 / 2013 JDR 0912 (WCC) NMMU Private Law Conference (August 2013)(PE)
  • “The Laws relating to Adultery, Comparing the Development of the
    South African Common Law Principles with the Development in English
    Law” July 2012 European Society for Comparative Legal History
    (Amsterdam)
  • “The catch-22 situation of the discarded
    wife: MM v MN 2010 4 SA 286 (GNP)” (written with M Mamashela) January
    2011 CLEA Conference (Bangaluru, India)

Editorial Boards:

  • Co-editor of the South African Law Journal, a SAPSE accredited journal (2009 -2012)
  • Member of the Editorial Board of the Gaming Law Review and Economic, an international journal (2009 – )
  • Member of the Editorial Board of Obiter, a SAPSE accredited journal (2002 – )

Useful Website: