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BRADLEY SHAUN SMITH

Professor of Private Law • Faculty of Law • University of the Free State • Bloemfontein • Republic of South Africa

smithbs@ufs.ac.za • +27(0)51 401 – 9189 (w) • +27(0)82 803 4866 (mobile)

Curriculum Vitae

1. EDUCATION AND CREDENTIALS

LL.D (2010)

Department of Private Law, University of the Free State, Bloemfontein,

South Africa. Thesis entitled “The development of South African

matrimonial law with specific reference to the need for and application of

a domestic partnership rubric”.

LL.M (2007) cum laude

Department of Private Law, University of the Free State, Bloemfontein,

South Africa. Dissertation entitled “The authorization of trustees in the

South African law of trusts”.

LL.B (2003) cum laude

University of the Free State, Bloemfontein, South Africa.

B. Com (2000) cum laude

University of the Free State, Bloemfontein, South Africa

Private Law, Accountancy (majors).

2. PROFESSIONAL DEVELOPMENT

Accredited short learning programme in Assessment of Learning in Higher Education

(obtained with Distinction) (2006).

3. WORK EXPERIENCE

1 December 2017 — present:

Professor, Department of Private Law, University of the Free State

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1 January 2014 — 30 November 2017:

Associate Professor, Department of Private Law, University of the Free State

1 July 2007 — 31 December 2013:

Senior lecturer, Department of Private Law, University of the Free State

1 Jan 2005 — 30 June 2007:

Lecturer, Department of Private Law, University of the Free State

1 Jan 2003 — 31 Dec 2004

Junior lecturer, Department of Private Law, University of the Free State

1 Jan 1999 — 31 Dec 2002

Academic assistant, Department of Private Law, University of the Free State

Jan 2008 — April 2011

Residence Head, House Armentum, University of the Free State

March 1997 — Aug 2003; March 2010 — Aug 2012

Part-time hockey coach, Grey College Secondary School, Bloemfontein.

4. SCHOLARSHIP OF DISCOVERY (MAJOR FOCUS AREAS: FAMILY LAW AND THE LAW OF

TRUSTS)

4.1 Rated as an Established Researcher (C 2) by the National Research Foundation (2014 -

2019).

4.2 Publications (all peer-reviewed)

Articles in accredited South African legal journals:

2018. Have we read Volks wrong all along? Laubscher v Duplan 2017 2 SA 264 (CC). Tydskrif

vir Hedendaagse Romeins-Hollandse Reg Vol 81 Issue 1 pp 149 - 161. (IBSS accredited).

2017. Perspectives on the juridical basis for taking (the value of) trust assets of alter ego trusts

into account for the purposes of accrual claims at divorce: REM v VM. South African Law Journal

Vol 134 pp 715 - 728. (IBSS accredited).

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2017. Statutory discretion or common law power? Some reflections on “veil piercing” and the

consideration of (the value of) trust assets in dividing matrimonial property at divorce – Part Two.

Journal for Juridical Science Vol 42(1) pp 1 - 18 (IBSS accredited).

2016. Statutory discretion or common law power? Some reflections on “veil piercing” and the

consideration of (the value of) trust assets in dividing matrimonial property at divorce – Part One.

Journal for Juridical Science Vol 41(2) pp 68 – 94 (IBSS accredited).

2016. Intestate succession and surviving heterosexual life partners: Using the jurist's ‘laboratory’

to resolve the ostensible impasse that exists after Volks v Robinson. South African Law Journal Vol

133 Issue 2 pp 284 – 315 (IBSS accredited).

2016. Surviving heterosexual life partners and the Intestate Succession Act 81 of 1987: A 'test

case' for the fashioning of an appropriate constitutional remedy in cases of 'judicially-generated

residual discrimination'. South African Journal on Human Rights Vol 32(1) pp 130 – 155 (IBSS

accredited).

2013. Parker, life partnerships and the independent trustee. South African Law Journal Vol 130

Issue 3 pp 527 - 553 (IBSS accredited).

2012. Extension of the dependant’s action to heterosexual life partners after Volks NO v

Robinson and the coming into operation of the Civil Union Act – Thus far and no further? (Co-

authored with Prof J Heaton). Tydskrif vir Hedendaagse Romeins-Hollandse Reg Vol 75 Issue 3 pp

472 – 484 (IBSS accredited).

2011. The interplay between registered and unregistered domestic partnerships under the draft

Domestic Partnerships Bill, 2008 and the potential role of the putative marriage doctrine. South

African Law Journal Vol 128 Issue 3 pp 560 - 593 (IBSS accredited).

2011. Section 6(1) of the Trust Property Control Act 57 of 1988 revisited: establishing its nature

and re-emphasising the validity of the “dual purpose” theory. Stellenbosch Law Review 2011 Vol

22 No 2 pp 314 – 329.

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2010. Rethinking Volks NO v Robinson: The implications of applying a ‘contextualised choice

model’ to prospective South African domestic partnerships legislation. Potchefstroom Electronic

Law Journal 2010 Vol 13 No 3 pp 238 – 300 (IBSS accredited).

2010. An embarrassment of riches or a profusion of confusion? An evaluation of the continued

existence of the Civil Union Act 17 of 2006 in the light of prospective domestic partnerships

legislation in South Africa. (Co-authored with Prof J.A. Robinson). Potchefstroom Electronic Law

Journal 2010 Vol 13 No 2 pp 30 – 75 (IBSS accredited).

2007. The “dual purpose” of section 6(1) of the Trust Property Control Act: A possible solution

to the problems caused by the authorization requirement. Stellenbosch Law Review 2007(1) pp 53

- 74.

2007. The need for legislative reform regarding the authorization of trustees in the South African

law of trusts. (Co-authored with Prof W.M. van der Westhuizen). Journal for Juridical Science Vol

32(1) pp 163 - 186.

2005: Gay rights (and obligations!): consequences and implications of Fourie v Minister of Home

Affairs: Tydskrif vir die Suid-Afrikaanse Reg 2005(4) p 745 – 766. (Co-author: NJ Grobler).

2003: Hospital disclaimers: Afrox Healthcare v Strydom. Journal for Juridical Science 210 – 221.

(Co-author: R-M Jansen).

International publications:

2010. Rethinking the application of the putative spouse doctrine in South African matrimonial

property law. International Journal of Law, Policy and the Family 2010 (Vol 3) pp 267 – 299

(IBSS accredited).

2010. South Africa: The statutory domestic partnership cometh. The International Survey of

Family Law (2010) pp 297 - 311.

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2008. The South African Civil Union Act 2006: Progressive legislation with regressive

implications? (Co-authored with Prof J.A. Robinson). International Journal of Law, Policy and

the Family 2008 (vol 3) pp 356 – 392 (IBSS accredited).

2008. The South African Civil Union Act 17 of 2006: A good example of the dangers of rushing

the legislative process. (Co-authored with Prof J.A. Robinson). Brigham Young University Journal

of Public Law pp 419 - 439.

Other publications (non-accredited, peer-reviewed):

2017. Trust assets and accrual claims at divorce: The SCA opens the door. De Rebus August 2017

pp 22-24.

2016. Unmarried same-sex couples in more favourable legal position than heterosexual

counterparts. De Rebus July 2016 pp 37-39.

2006. Abuse of the trust figure in South Africa: An analysis of a number of recent developments.

Journal for Estate Planning Law 2006 (Co-author: SA Hyland).

2005: Recognising same-sex relationships. De Rebus June 2005 pp 24-27.

Chapters in scholarly books:

2014: The dissolution of a life or domestic partnership (pp 389 - 474) in J Heaton (ed) The law

of divorce and dissolution of life partnerships in South Africa, published by Juta.

Student textbooks:

2016. Co-author of Introduction to South African Family Law / Inleiding tot die Suid-Afrikaanse

Familiereg. 6th edition. (JA Robinson, S Human, BS Smith and M Carnelly).

2012. Co-author of Introduction to South African Family Law / Inleiding tot die Suid-Afrikaanse

Familiereg. 5th edition. (JA Robinson, S Human, BS Smith and M Carnelly).

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2010. Author of two chapters [“Civil unions” (ch 11) and “Cohabitation” (Ch 14)] in Family law

in South Africa (A Skelton and M Carnelley (eds)); a peer-reviewed textbook published by Oxford

University Press Southern Africa.

2009. Co-author of Introduction to South African Family Law / Inleiding tot die Suid-Afrikaanse

Familiereg. 4th edition. (JA Robinson, S Human, A Boshoff, BS Smith and M Carnelly).

2008. Co-author of Introduction to South African Family Law / Inleiding tot die Suid-Afrikaanse

Familiereg. 3rd edition. (JA Robinson, S Human, A Boshoff, and BS Smith).

4.3 Peer-reviewing:

2018: Peer-reviwer for LitNet Akademies.

2017: Peer-reviwer for Tydskrif vir die Hedendaagse Romeins-Hollandse Reg.

2016: Peer-reviewer for South African family law and Casebook on South African family law (J

Heaton and H Kruger) 4th ed (LexisNexis); and Journal for Juridical Science.

2015: Peer-reviewer for: South African Law Journal and Tydskrif vir die Hedendaagse

Romeins-Hollandse Reg.

2014: Peer-reviewer for: Journal for Juridical Science, Tydskrif vir die Hedendaagse Romeins-

Hollandse Reg, Stellenbosch Law Review.

2013. Peer-reviewer for: Potchefstroom Electronic Law Journal; LitNet Akademies; Acta

Juridica; South African Law Journal.

2012. Peer-reviewer for LitNet Akademies.

2011. Peer-reviewer for the South African Law Journal.

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2010. Reviewer of the following chapters in the accredited scholarly book Commentary on the

Children’s Act (co-reviewers Prof Jacqueline Heaton (UNISA) and Judge of Appeal

Belinda van Heerden):

- Chapter 5: “Partial care”

- Chapter 6: “Early childhood development”

- Chapter 8: “Prevention and early intervention”

- Chapter 11: “Alternative care”

- Chapter 12: “Foster care”

- Chapter 13: “Child and youth care centres”

- Chapter 14: “Drop-in centres”.

2010. Peer reviewer for accredited publications in:

Potchefstroom Electronic Law Journal (2 publications);

Speculum Juris (1);

Stellenbosch Law Review (1); and

South African Law Journal (1).

2008. Peer reviewer for the Stellenbosch Law Review (1).

4.4 Papers presented nationally and internationally:

2017: Some thoughts on the “test” for attacking trusts at divorce in the wake of REM v VM. Paper

presented at the Law of Succession and Trust Law Conference, Port Elizabeth, October 2017.

2016: Trusts and “veil piercing” at divorce: Towards a principled approach in South African law.

Paper presented at the Law conference of the Athens Institute for Education and Research, Athens,

Greece, 12 July 2016.

2015: Constitutional review with unconstitutional implications: The emergence and remedial

consequences of "judicially-generated residual discrimination" in the context of unmarried life

partners and intestate succession in South Africa (paper presented at the Oxford Symposium on

History, Human Rights & Law (10, 11 & 12 August 2015) at Pembroke College, Oxford.

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2015: Surviving heterosexual life partners and the Intestate Succession Act 81 of 1987: A ‘test

case’ for the fashioning of an appropriate constitutional remedy where new inequalities are created

by post-1994 constitutional jurisprudence. Conference of the Society of Law Teachers of Southern

Africa. Durban: July 2015.

2014. Intestate succession and surviving heterosexual life partners: A solution to the ostensible

impasse post-Volks v Robinson. Family Law Colloquium 2014 (hosted by Stellenbosch

University): 3 October 2014.

2014. South African cohabitees and the right to inherit intestate. Paper presented at the Law

conference of the Athens Institute for Education and Research, Athens, Greece, 14 July 2014.

2013. The legal recognition of marriage and other interpersonal relationships in South Africa.

Paper delivered at Exeter College, Oxford University, 23 January 2013.

2012. Recent case law pertaining to the institution of the dependant's action in the context of

heterosexual life partnerships. Family Law Colloquium 2012 (hosted by the Nelson Mandela

Metropolitan University): 21 September 2012.

2012. Parker, life partnerships and the independent trustee. Law of Succession and Trust Law

conference hosted by the University of Cape Town: 7 September 2012.

2012. The dependant's action in the context of heterosexual life partnerships: A consideration of

the Verheem and Paixão cases. Conference of the Society of Law Teachers of Southern Africa.

Port Elizabeth: 10 July 2012.

2011. Verheem v Road Accident Fund: Was a “ghost from the past” “[passed] through

undeterred? Family Law Colloquium 2011 (hosted by the University of Stellenbosch): 22, 23

September 2011.

2011. Section 6(1) of the Trust Property Control Act, 1988 revisited: Establishing its nature and

considering the validity of the “dual purpose” theory and the impact of Lupacchini v Minister of

Safety and Security. Conference of the Society of Law Teachers of Southern Africa. Stellenbosch:

20 January 2011.

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2010. The potential application of the putative spouse doctrine to domestic partnerships. Family

law conference hosted by the University of the Western Cape: 23 September 2010.

2010. Presenter at discussion session of the topic Section 6(1) of the Trust Property Control Act

revisited. Law of Succession and Trust Law conference hosted by the University of the Western

Cape at Stellenbosch: 3 September 2010.

2008. The Civil Union Act 17 of 2006. Conference of the Society of Law Teachers of Southern

Africa. Pretoria: 23 January 2008.

2007. The South African Civil Union Act 17 of 2006: A good example of the dangers of rushing

the legislative process. International paper presented at Brigham Young University (Salt Lake City,

United States of America) on 2 November 2007.

2006. The purpose of section 6(1) of the Trust Property Control Act: Differing interpretations,

anomalies and a possible solution. Conference of the Society of Law Teachers of Southern Africa.

Cape Town: 4 July 2006.

2005: Gay rights (and obligations!): consequences and implications of the Fourie and Bonthuys

decision. Conference of the Society of Law Teachers of Southern Africa. Bloemfontein: 20

January 2005.

2005: The Maintenance of Surviving Spouses Act and extramarital cohabitation: developments in

the light of the Robinson decision. Conference of the Society of Law Teachers of Southern Africa.

Bloemfontein: 20 January 2005.

2003: Hospital disclaimers: Afrox Healthcare v Strydom. Conference of the Society of Law

Teachers of Southern Africa. Namibia: July 2003 (International paper).

4.5 Membership of Professional and Academic organisations:

Advocate of the High Court of South Africa;

Member of the Society of Law Teachers of Southern Africa;

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Member of the Suid-Afrikaanse Akademie vir Wetenskap en Kuns;

Member of the International Society of Family Law and contributor to the Society’s annual

international publication in 2010 (see list of publications above).

4.6 External examination:

2016: External examiner of LL.D thesis (Mrs L Albertus) at the University of the Western Cape.

2014: External examiner of LL.M mini-dissertation (Mrs L Ramaccio-Calvino) at UNISA.

2014: External examiner of LL.M mini-dissertation (Ms K Pillay) at the University of Pretoria.

2014: External examiner of LLM dissertation (Mr BC Bester) at the University of Pretoria.

2013: External examiner of LLM courses in Aspects of Divorce Law (DLA 801) and Aspects of

Law of Succession (ASC 801) at the University of Pretoria.

External examiner of an LL.M mini-dissertation on family law (Mr I Rathebe) at the University of

the North West.

2012 - 2014: External examiner of LLM in Advanced Matrimonial Property and Succession Law

(LLMB 884) at the University of the North West.

2013: External examiner of component in family law (undergraduate) at the University of

Stellenbosch.

2011: External examiner of an LL.M dissertation (Ms H Schultz) on mediation in the context of

family law at the University of KwaZulu-Natal.

2010: External examiner of an LL.M dissertation (Mr R Stafford) on the law of trusts at Rhodes

University.

2010: External examiner of an LL.M mini-dissertation on family law (Ms RF Huysamen) at the

University of the North West.

2008: External examiner for Law of Life Partnerships (LLB, Legal theory 3) at Rhodes University.

4.7 Post-graduate supervision:

Promoter of one LL.D thesis (Mrs R van Zyl) (2017)

Currently acting as co-promoter of one PhD thesis (Mr JT Faber).

Supervisor of approximately 15 LLM extended dissertations since 2006.

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4.8 Selection of citations of scholarly work in publications / research:

International:

2016. Sebola, MP “Public Participation in South Africa's Policy Decision-Making

Process: The Mass and the Elite Choices” International Public Administration Review 55

– 73 (at 64).

2014. Eekelaar, J "Perceptions of Equality: The Road to Same-Sex Marriage in England

and Wales" International Journal of Law, Policy and the Family pp 1 - 25 at note 9.

2014. Eekelaar, J and George, R Routledge Handbook of Family Law and Policy.

2014. Garetto, RA “Multiplicity of marriage forms in contemporary South Africa”

Selected Works at 13.

2014. Sloth-Nielsen, J and Van Heerden, B "The 'Constitutional Family': Developments

in South African Child and Family Law 2003 - 2013" International Journal of Law, Policy

and the Family pp 100 - 120 at notes 4 and 8.

2013. Kruuse, H "You reap what you sow: Regulating marriages and intimate

partnerships in a diverse, post-Apartheid society" The International Survey of Family Law

(2010) pp 343 - 362 at p 356.

2013. Aloni, E "Registering relationships" Tulane Law Review (forthcoming) p 27 (note

140).

2012. Garetto, RA Matrimonio e Famiglia Non Fondata sul Matrimonio (Marriage and

Family Not Founded on Marriage) Doctorate obtained from the Università di Camerino; p

150.

2012. Wardle, LD "The Proposed Minnesota Marriage Amendment in Comparative

Constitutional Law: Substance and Procedure" Hamline Journal of Public Law & Policy

141 at 150; 152.

2012. Botha, F and Booysen, F "The Gold of One’s Ring is Not Far More Precious than

the Gold of One’s Heart: Reported Life Satisfaction Among Married and Cohabitating

South African Adults" Journal of Happiness Studies (DOI 10.1007/s10902-012-9337-3).

2011. Louw, A "Domesticating life partnerships in South Africa" Juridikum Vol 2 pp

240; 242.

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2011. Smit, MH "Underneath the Radar: The Impact of Same-Sex Sexuality and

Secularism on Education in South Africa" BYU Educ. & L. J. 513.

2011. Barker, N “Ambiguous symbolisms: recognising customary marriage and same-

sex marriage in South Africa” International Journal of Law in Context 447 – 466 (at 454).

2010. Heaton, J "The right to same-sex marriage in South Africa" in Gerber P and Sifris

A(eds) Current Trends in the Regulation of Same-sex Families (2010) Rapporteur Family

Law Committee, International Law Association.

2010. Collins, AL “I will not pronounce you husband and husband: Justice and the justice

of the peace” Alabama Law Review Vol. 61 No. 4 pp 847 – 867.

2010. Wardle, LD "Who decides? The federal architecture of DOMA and comparative

marriage recognition" California Western International Law Journal pp 143 - 188 at note

241.

2009. Calò, E Matrimonio a' la carte. Matrimoni, convivenze registrate e divorzi dopo

líntervento communitario Giuffrè Editore (p 176).

2009. Jones, T “The queer joys of sexless marriage: Coupled citizenship’s hot bed”

Sextures E-journal for sexualities, culture and politics Vol 1 No 1.

2008. Wardle, LD “A response to the ‘conservative case’ for same-sex marriage: Same-

sex marriage and ‘the tragedy of the commons’” Brigham Young University Journal of

Public Law Vol. 22 No. 2 (p 441).

South African publications:

2016. Barratt, A “Teleological pragmatism, ahistorical history and ignoring the

constitution — recent examples from the Supreme Court of Appeal” South African Law

Journal pp 189 - 220 (at p 204).

2015. Bonthuys, E "Developing the common law breach of promise and universal

partnerships: Rights to property sharing for all cohabitants?" South African Law Journal

pp 76 - 99 (at p 76).

2015. Vorster, A and Coetzee, JP “Die geldigheidsvereistes van ‘n trust opnuut

ondersoek: Khabola v Ralithabo [2011] ZAFSHC 62” Potchefstroom Electronic Law

Journal pp 1797 – 1810 (at 1800).

2015. Robinson, JA and Prinsloo, R “The Right of the Child to Care and Constitutional

Damages for the Loss of Parental Care: Some Thoughts on M v Minister of Police and

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Minister of Police v Mboweni” Potchefstroom Electronic Law Journal pp 1670 – 1690 (at

1670).

2015. Coertzen, P “A perspective on marriages and civil unions in South Africa Part 2 –

Civil unions” Stellenbosch Theological Journal (Vol 1) 2 385 at 385, 386.

2015. Damons, NT “Non-formalised cohabitation: does the Swedish model of statutory

regulation provide a solution for South Africa?” LL.M Thesis, University of the Western

Cape.

2014. Mhalngo, M "Transformation and the judiciary" in C. Hoexter and M. Olivier (eds)

The Judiciary in South Africa (Juta) pp 88, 89.

2014: Muller-Van der Westhuizen, C "Vonnisbespreking : die onsekerhede aangaande

die toepaslike huweliksgoederebedeling(s) in poligame gewoonteregtelike huwelike by

nienakoming van artikel 7(6) van die Wet op Erkenning van Gebruiklike Huwelike : regte"

Litnet Akademies 155 at 164.

2014. Calvino, LR and Iyer, D "Advancing the rights of heterosexual life partners in

respect of loss of support. Paixão v Road Accident Fund 2012 JDR 1749 (SCA)".

2013. Bakker, P "Chaos in Family Law: a model for the recognition of intimate

relationships in South Africa" Potchefstroom Electronic Law Journal pp 116 - 150 (at p

124, 135).

2011. Wood-Bodley, MC “That ‘devilish little point’ – the impact of section 6(1) of the

Trust Property Control Act 57 of 1988 on the capacity of trustees to contract, sue, and be

sued: Luppacchini [sic] NO & another v Minister of Safety and Security: notes” South

African Law Journal pp 233 – 245 (at p 234).

2011. Lerm, H “Exclusionary clauses in medical contracts revisited” THRHR pp 47 – 64

(at p 62).

2010. Bothma, P-S “A critical appraisal of the ‘dual purpose approach’ in the

interpretation of section 6(1) of the Trust Property Control Act 57 of 1988” Stellenbosch

Law Review (Vol 3) pp 489 - 507.

2010. Heaton, J “South African family law” 3rd ed Durban: LexisNexis Butterworths (p

195).

2010. De Ru, H “The Civil Union Act 17 of 2006: A transformative act or a substandard

product of a failed conciliation between social, legal and political issues?” THRHR pp 553

– 568 (at p 568).

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2009. De Ru, H “The recognition of same-sex unions in South Africa” unpublished LL.M

dissertation, UNISA.

2009. Honiball, M and Olivier, L “The taxation of trusts in South Africa” Cape Town:

SiberInk (p 18).

2008. Lerm, H “A critical analysis of exclusionary clauses in hospital contracts”

unpublished LL.D thesis, University of Pretoria.

2007. Du Toit, F “South African Trust Law: Principles and Practice” 2nd ed Durban:

LexisNexis Butterworths (pp 77 – 78).

2007. De Waal, MJ and Schoeman-Malan, J “Law of succession” 4th ed Lansdown: Juta.

2007. De Waal, MJ “Trusts” in Juta’s Quarterly Review (note 16).

Citations in Court judgments:

Laubscher NO v Duplan 2017 (2) SA 264 (CC) at note 75.

Paixão v Road Accident Fund 2012 (6) SA 377 (SCA) (Citation of a publication, a

conference paper and my LL.D thesis — see notes 44, 48 and 58 of judgment).

AS v CS 2011 (2) SA 360 (WCC) at note 2.

Napier v Barkhuizen 2006 (4) SA 1 (SCA) at note 4.

5. TEACHING

5.1 Courses presented:

Currently present the following courses:

LFAM 1524: Family Law (1st year semester module. Present entire course in both English and

Afrikaans);

LTRL 4824: Law of Trusts (4th year elective semester module. Present entire course in English

and Afrikaans);

LPRT 7900: Advanced Law of Trusts for the structured LL.M degree (Present 80% of this year

module to both English and Afrikaans students);

LTHE 4824: LL.B 4th year dissertation (provide guidance to students on an ad hoc basis). On

average I supervise five such dissertations per year.

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5.2 Scholarship of Teaching

Regular presenter to legal and other professionals at the following annual Fiduciary

Institute of Southern Africa (FISA) conferences, for which CPD points are awarded:

– “The intersection between trust law and matrimonial property law at divorce:

Certainties and Obscurities.” Conference of the Fiduciary Institute of Southern Africa,

Sandton, 24 August 2017.

– “Breach of the separation requirement in family trusts: Why trustees (and trustee-

spouses) need to be wary of taking the current approach to “veil piercing” at divorce

at face value.” Conference of the Fiduciary Institute of Southern Africa, Sandton, 25

August 2016.

– “Parker, life partnerships and the independent trustee.” Conference of the Fiduciary

Institute of Southern Africa: Cape Town: 6 September 2012.

– “Actions by trustees before authorisation by the Master – is legislation in step with

economic demands?” Conference of the Fiduciary Institute of Southern Africa, held

at the University of the Free State, 15 September 2011.

Presentation at the Discovery Estate Planning Conference of 2017 (Sandton, 16 May

2017) entitled “Hell hath no fury: “Hell hath no fury-the latest on whether an aggrieved

spouse can still attack their ex’s trust assets on divorce?” (CPD points awarded to

attendees).

Presentation at the FISA Free State branch meeting (1 June 2017) entitled “Perspectives

on recent developments pertaining to piercing the veneer of ‘alter ego’ trusts at divorce”.

Delivered keynote presentation entitled “Attacking a trust on divorce-do we have any

certainty?” at the Society for Trust and Estate Practitioners (STEP) (Sandton, 26 June

2017).

Presentation at Clarks Attorneys 4th Annual Johannesburg Family Law Conference (28-

29 September 2017) entitled “Attacking a trust on divorce: Known knowns and known

unknowns”.

External reviewer as part of the Council on Higher Education’s (CHE) National Review

of the LL.B programme (2016).

Presented assessor training to colleagues in the Faculty of Law as from 2007 – 2008.

Selected by the students as LL.B lecturer of the year in 2004, and lecturer of the year for

first-year students in 2010.

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Invited to present guest-lectures in the law of trusts to final year LL.B students at the

Faculty of Law, Rhodes University in 2007.

Student evaluations for teaching have showed consistently high ratings (information

available on request).

Re-constructed the LL.M module in the law of trusts (PRG 702) in 2004, and integrated

my personal research towards the LL.M degree into the planning and delivery of one of

the significant outcomes of this module.

Presented LEAD CPD seminars on family law to legal professionals in Kimberley and

Welkom in May 2008.

Co-presented (with Prof WM van der Westhuizen) a series of 8 country-wide seminars as

part of the Butterworths LexisNexis seminar series entitled “Can you trust your trustee?”

from 1 – 16 October 2007. These seminars were presented at 8 venues (Kimberley,

Johannesburg, Polokwane, Cape Town, Port Elizabeth, East London, Pretoria and

Durban) to attorneys, advocates, estate planners, auditors and academics.

Presented a lecture to certified financial planners (CFP) in Bloemfontein regarding the

duties and the authorisation of trustees (February 2007).

6. ENGAGEMENT / ENGAGED SCHOLARSHIP

6.1 General community service:

Providing legal advice to society in general on an ad hoc basis;

Drafting trust deeds for charitable trusts (such as AEASA).

6.2 Scholarship of engagement / engaged scholarship:

Providing CPD training (without remuneration) to legal and other professionals via FISA,

Discovery etc (see 5.2 above).

External reviewer for UNISA family law module (2017).

Dissemination of research findings to a broader audience via contributions to De Rebus

(SA Attorney’s Journal) in 2006, 2016 and 2017.

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Research conducted, presented and published contributed towards the development of the

common law dependant's action for loss of support by the Supreme Court of Appeal in

Paixão v Road Accident Fund 2012 (6) SA 377 (SCA) - see notes 44, 48 and 58 of

judgment. In this way the research benefitted (particularly vulnerable) members of South

African society.

Member of UFS Faculty of Law’s research committee that is charged with evaluating and

providing feedback on all LL.M and Ph.D / LL.D research proposals.

7. MAJOR AWARDS

2013: Awarded a C2 rating by the National Research Foundation.

2011: Member of Vice-Chancellor's Prestige Scholars Programme, UFS.

2007: Dean’s medal for the best LL.M student in the Faculty of Law.

2003: Dean’s medal for the best LL.B student in the Faculty of Law.

Full Academic Colours, University of the Free State (2003 and 2007).

2002: Free State Bar Association prize for the best LL.B student.

2002: Juta Prize for the LL.B student who wrote the best publishable article.

1999 - 2002: Various subject-prizes during undergraduate studies.

2000: Awarded membership of the Golden Key International Honor Society.

8. PROFESSIONAL ACTIVITIES

President of the Juridical Society of the Faculty of Law (2004/2005 and 2010/2011)

Council member of the Society of Law Teachers of Southern Africa (2008 – 2011; 2014 -

present)

Member of the International Society of Family Law (ISFL)

Editorial board of the Journal for Juridical Science (2003 – 2005)

Founding member of the Free State Chapter of the Golden Key International Honor Society

(2000 – 2001)

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9. PERSONAL

9.1 General

Born: 8 May 1978

Marital status: Married (spouse: Soekie Smith)

Home address: Oude Kweekhuys

11 Peter Crescent

Waverley

Bloemfontein, 9330

9.2 Language proficiency

Afrikaans

English

Speak Excellent Excellent

Read Excellent Excellent

Write Excellent Excellent

9.3 Information Technology-related experience

Entirely computer literate.

Conversant with all relevant aspects of the Internet and related student platforms such as Blackboard.

Good ability to learn about any computer-related topic.

10. WORK IN PROGRESS

Publications currently being finalised

Currently working on a publication dealing with sham trusts.

11. REFERENCES

Prof. J. Heaton

Head: Family law

Page 19 of 19

Department of Private Law

University of South Africa (UNISA)

Tel. +27(0)12 429 8435

Prof. J.A. Robinson

Faculty of Law: University of the North West

Tel. +27(0)18 299 1940

Prof. F. du Toit

Deputy Dean and Professor of Private Law

University of the Western Cape

Tel +27(0)21 959 3308

Prof. W.M. van der Westhuizen

Director: Millers Incorporated - Cape Town and George

Extraordinary Professor, Department of Private Law, UFS

Tel. +27(0)83 310 1097

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