Professor Mlungisi Tenza

Associate Professor

tenzae@ukzn.ac.za

Pietermaritzburg

Law Building – Room 2-22

Biography

Professor Mlungisi Tenza is a Associate Professor in the school of law at the University of KwaZulu-Natal (PMB Campus). He holds a LLB, LLM & LLD from University of South Africa. He has written articles in the area of labour law and has presented papers at national and international conferences. He is a reviewer for various South African law Journals. He is a lecturer for business law modules both at undergraduate and postgraduate level. He examines LLM dissertations and PhD theses for UKZN and other institution

Academic qualifications

Professional qualification

Certificate in Provincial and local government Law (UNISA)
Certificate in Social Security Law (UNISA)

Research Interests

Competition law
Law of Trade Marks
Constitutional Law

Publications

Striking a balance between the employee’s refusal to vaccinate and the employer’s duty to provide a safe working environment (2022) Reviewed Conference proceedings (Mbali Conference August 2022 held at Unizulu)
Investigating the possibility of dismissing an employee on account of breach of Covid-19 regulations (2022) Journal of Law, Society and Development.
A retrospective evaluation of Affirmative Action twenty-plus years of existence (2022)
A counterbalance between the union’s right to disclosure of information and the employer’s right to the privacy or confidentiality of information (2021)12(1) Journal of Law & Conflict Resolution
Is the employer compelled to provide safe working conditions to employees during a violent strike? (2021) 25 Law Democracy & Development
Investigating the possibility of suspending or terminating a strike on account of violent conduct: Transplanting lessons from Australia (2021)54(2) CILSA.
Investigating the need to introduce compulsory interest arbitration as a method of preventing lengthy strikes in South Africa (2021) 33(2) SA Mercantile Law Journal 176.
The effect of violent strikes on the economy of a developing country: A case of South Africa Obiter
Dealing with strike related violence – Lessons from the ILO and abroad – Chapter in a Book (Van Eck et al Celebrating the ILO 100 years on: Reflections on labour law from a Southern African perspective (Juta, November 2020).
Investigating the need to re-introduce ballot requirement for a protected strike in South Africa (2019) Obiter vol 40(2).
The first of May: do workers have anything to celebrate in South Africa twenty years into democracy? (2018) vol 2 Fundamina
An evaluation of the right to strike in terms of the law of general application in South Africa (2018) vol 3 Stell Law Review
Is the use of video footage during industrial action a solution to the issue of collective misconduct? Part 1 (2017) vol 37
Bypassing trade union and the right to freedom of expression (2017) 1 SA Merc LJ
The link between replacement labour and the eruption of violence during industrial action (2016) 37(1) Obiter
Invoking the right to human dignity in the context of farm workers: liberating an oppressed group (2016)1
A marathon of twenty years in eradicating poverty: Is South Africa making progress? (2015) 4(2) RJOPES available at http://rjopes.emergingresource.org/issuesview.php?id=118&issue_name=Volume%204%20Number%202&issue_month=March&issue_year=2015.
An investigation into the causes of violent industrial action in South Africa (2015) 19 LDD

Papers

Striking a balance between the employee’s refusal to vaccinate and the employer’s duty to provide a safe working environment (paper to be presented at the MBALI International Conference held at UniZulu 02-04 August 2022)
Justifying the dismissal of employees on account of failure to comply with Covid-19 regulations (paper presented at the SALT Conference convened by University of Fort Hare on 11-15 July 2022)
Are employers obliged to provide safe working conditions to employees during Covid-19 pandemic (paper presented at the 4^th African Labour Law Society – Nairobi, Kenya held on the 21-22 October 2021)
Employer’s duty to provide safe working conditions during violent strikes (paper presented at the SALT Conference in Skukuza – convened by the University of Johannesburg – January 2020)
Does the ILO regret giving workers the right to freedom of association and the right to strike if the latter becomes violent (Paper presented at the ILO Centenary Conference held University o Pretoria – October 2019)
Do workers have anything to celebrate twenty-five years into democracy? (Paper presented at the 32^nd Annual Labour Law Conference held at Emperors Palace – Johannesburg 23 August 2019)
A retrospective evaluation of affirmative action – 20 years and beyond (paper presented at the 32^nd Annual Labour Law Conference held at Emperors Palace – Johannesburg 22 August 2019)
An investigation into the causes of violent strikes: Lessons learnt and possible solutions (Paper presented at the 2^nd CCMA Annual shop stewards and union official conference held in Greyville Durban September 2018 )
20 years of existence: Will affirmative action give birth to equality in employment? (2017 – UNISA Spring Law Conference)
A marathon of twenty years of alleviating poverty: Is South Africa making progress? (International conference on sustainable development and poverty alleviation: American University in the Emirates, Dubai May 2015)
The role of the New Dangerous Weapons Act of 2013 in reducing the levels of violence in South Africa (2014 Conference by the Society of Law Teachers: Wits)
The interception of emails and the right to privacy (2012 Conference by the Society of Law Teachers: NNMU)
Dismissal of employees for participating in an unprotected strike action and the audi rule or ultimatum (2011 Conference by the Society of Law Teachers of SA: University of Stellenbosch)
Alleviation of poverty as responsibility of the State and private institutions (2009 Society of Law Teachers of SA hosted by UKZN)
The use of scab labour and the right to strike (2007 Conference by the Universities of Eastern and Western Cape hosted by NMMU)

School of Law