Mr Adrian Bellengère

Mr Adrian Bellengere
Mr Adrian Bellengère
Senior Lecturer
Howard College

Biography

Mr Adrian Bellengère is a Senior Lecturer of Evidence and Civil Procedure. He holds a Bachelor of Arts (BA) and a Bachelor of Laws (LLB) from the former University of Natal and a Master of Laws (LLM) from the University of Aberdeen, Scotland. Bellengère is also a Conveyancer and an Attorney of the High Court, South Africa and a member of the KwaZulu-Natal Law Society. His research interests are in Antarctic Law, Ancient Chinese Law, Roman Law and Procedural Law, especially the Law of Evidence.

Academic qualifications

  • BA LLB (Natal)
  • LLM (Aberdeen)

Professional qualification

  • Conveyancer and Attorney of the High Court of South Africa

Research Interests

  • Laws of Antarctica
  • Chinese Law, Roman Law
  • African Jurisprudence
  • The Law of Evidence.

Publications

  • Obiter Vol 26 2 2005 “Legal Engine or Steam Engine? A note on African Solar (Pty) Ltd v Divwatt (Pty) Ltd 2002 4 SA 681 (SCA)”
  • South African Journal of Human Rights 2004 “Judicial Innovation and the Delinquent State: A note on The State and Mfezeko Zuba and 23 Similar cases” (with Alan Rycroft)
  • Autrepart (32) 2004 “Privatiser pour mieux regular? Le pari de Durban en matiere de transport public” (with 3 others)
  • African Journal of Rhetoric (1) 2008 “David and Goliath, a tale of two municipalities: The constitutionality of the redrawing of provincial boundaries in South Africa.”
  • Transformation (69) 2009 “All workers are equal, but some are more equal than others.  An answer to the Orwellian postulate. The right to affirmative action in South Africa” (with Morris Montali, University of Bologna).
  • South African Journal of Environmental Law and Policy (17-2) 2010 “The Sacrificial Blesbok: Inching Toward Greater Understanding of Animal Welfare Law in South Africa: National Council of Societies for the Prevention of Cruelty to Animals v Openshaw; and Natal Zoological Gardens (Pty) Ltd and Others v Ezemvelo KZN Wildlife and Others” (with Ed Couzens).
  • The South African Journal of Criminal Justice 2013 (2) “When The Truth Lies Elsewhere: A comment on the admissibility of prior inconsistent statements in light of S v Mathonsi 2012 (1) SACR 335 (KZP) and S v Rathumbu 2012 (2) SACR 219 (SCA)” (with Shelley Walker).
  • South African Journal of Environmental Law and Policy (19-2) 2012 “Wading through Muddy Judicial and Administrative Waters: Makhanya NO v Goede Wellington Boerdery (Pty) Ltd and Another [2013] 1 All SA 526 (SCA)” (with Ed Couzens)
  • South African Law Journal (132-3) 2015 “A Discordant Note: Kievits Kroon Country Estate v Mmoledi” (with David Spurrett)
  • Stellenbosch Law Journal 2016 “Can Facebook Ever be a Substitute for the Real Thing? A Note on CMC Woodworking Machinery (Pty) Ltd v Pieter Odendaal Kitchens” (with Lee Swales).
  • South African Journal of Environmental Law and Policy (22-1) 2016 “‘The baboon behaved impeccably’: animal rights and welfare in South Africa, some recent foreign Judgments, and the case of Macrae v State [SCA, 2014]” (with Ed Couzens, Meda Couzens & Devarasi Bellengère)
  • Speculum Juris (30-2) 2016 “We’ll Teach You a Lesson: The Role of the SCA as Educator and Disciplinarian – A Note on S v Mashinini 2012 1 SACR 604 (SCA) and S v M M 2012 2 SACR 18 (SCA) with reference to S v Kolea 2013 1 SACR 409 (SCA)”
  • Potchefstroom Electronic Law Journal (20-1) 2017 “Water security and judicial and administrative confusion in South Africa : The Trustees of the Time Being of the Lucas Scheepers Trust, IT 633/96 v MEC for the Department of Water Affairs, Gauteng 2015 ZAGPPHC 211 (17 April 2015)” (with Ed Couzens & Devarasi Maduramuthu)
  • South African Journal of Environmental Law and Policy (24-1) 2018 “The camel at the cutting edge: animal welfare, environmental law, private prosecution and the three judgments in NSPCA v Minister of Justice” (with Ed Couzens)
  • South African Law Journal (137-3) 2020 “A social service? A case for accomplishing substituted service via WhatsApp in South Africa” (with Rilwan Mahmoud)
  • Journal of Decolonising Disciplines 2021, “Miseducation in South African Public Schooling: the case of To Kill a Mockingbird” (with Lindiwe Maqutu)
  • Potchefstroom Electronic Law Journal, 25, 2022 “Relevance, Admissibility and Probative Value in a Rational System of Evidence: A South African Perspective” (with Constantine Theophilopoulos)

Books and chapters

  • The Law of Evidence in South Africa Basic Principles, 2nd ed. Oxford University Press 2019. (Editor and co-author)
  • “Litigation” in Introduction to Law and Legal Skills in South Africa, 2nd ed. Oxford University Press 2021.
  • “A blended learning approach to teaching Electronic Evidence” in Teaching Evidence Law: Contemporary Trends and Innovations, Y Daly, J Gans & PJ Schwikkard Eds. Routledge 2021 (with Lee Swales).
  • “Here be dragons: A critical reflection on the experience of using formative assessments to teach professional drafting skills” in Ramrathan, L., R. Hoskins & V. Singaram (eds.). 2022. Assessment through Digital Platforms within Higher Education Studies, (Alternation African Scholarship Book Series, Volume #12 (with Dusty Donnelly).

Research Impact

  • “Can Facebook Ever be a Substitute for the Real Thing? A Note on CMC Woodworking Machinery (Pty) Ltd v Pieter Odendaal Kitchens” Stellenbosch Law Journal 2016 cited in both Jones and Buckle and Ersamus.
  • “When The Truth Lies Elsewhere: A comment on the admissibility of prior inconsistent statements in light of S v Mathonsi 2012 (1) SACR 335 (KZP) and S v Rathumbu 2012 (2) SACR 219 (SCA)” The South African Journal of Criminal Justice 2013 (2) cited extensively and with approval by the SCA in Makhala & Another v The State (438/2020) [2021] ZASCA 19 (18 February 2022) at paras 111 – 114.

Conferences

  • The Regulation of Invasive Species in Antarctica: South Africa’s Role. Transboundary Protection of Biodiversity: Conference on the Regulation of Invasive Species in South Africa and Germany, November 2012, Berlin.
  • Can Facebook Ever be a Substitute for the Real Thing? A Presentation on on CMC Woodworking Machinery (Pty) Ltd v Pieter Odendaal Kitchens. (with Lee Swales) Southern African Law Teachers’ Conference, July 2015, Durban.
  • Traditional Healers, Medical Science and the Law in South Africa. (with David Spurrett) Science and Society in Africa. September 2014, Stellenbosch.