Mr Simphiwe P. Phungula

Telephone: +27 31 260 7835
Campus: Howard College
Building & Room: Howard College Building – Suite A, Room 105


Mr Phungula is a Law Lecturer under Business Law cohort. His area of specialization is Corporate Law and he is busy with his PhD in Corporate Law. He also has interests in Income Tax Law, and Labour Law. He has published articles both in Corporate Law and Labour Law. Mr Phungula is admitted as an Advocate of the High Court of South Africa. He is also involved in the translation of legal terms from English to IsiZulu as required by the university.

Academic Qualifications:

  • LLB (UKZN)
  • LLM (UKZN)

Professional Qualifications

  • Advocate of the High Court

Undergraduate Courses Currently Teaching:

  • Corporate Law
  • Labour Law
  • Income Tax Law

Postgraduate Courses:

  • Advance Corporate Law

Research Interests:

  • Corporate Law
  • Income Tax Law
  • Labour Law
  • Maritime Law

Recent Publications and Papers

  • S. Phungula ‘Do business rescue proceedings affect the liability of sureties of the company?’ (2019) 31 (1) SA Mercantile Law Journal 129–144.
  • S Phungula ‘Proceedings over proceedings: how and when are liquidation proceedings suspended by an application for business rescue proceedings?’ (2017) 28 (3) Stellenbosch Law Review 584-596.
  • B Grant; S Phungula, N Whitear-Nel ‘Who needs to notify the employer of impending strike action? A discussion of SATAWU and others v Moloto NO and another 2012 (6) SA 249 (CC); [2012] 12 BLLR 1193 (CC)’ (2016) 37 Industrial Law Journal 75.
  • S Phungula ‘Insufficient service notice for conciliation before litigation: An analysis of National Union of Metal Workers of South Africa v Intervalve (Pty) Ltd [2015] JOL 32671 (CC)’ (2016) 37 Industrial Law Journal 62.
  • S Phungula ‘Personal Liability of a Director in terms of Section 424 (1) of the Companies Act 61 of 1973 v Default Judgment in terms of Rule 39 of the Uniform Rules of the High Court: An analysis of Minnaar v Van Rooyen NO [2015] ZASCA 114’ (2016) 37 (3) Obiter 695-702.
  • S Phungula ‘Lessons to be learned from reckless and fraudulent trading by a company: Section 424(1) of the Companies Act 61 of 1973 and sections 22 and 77(3)(b) of the Companies Act 71 of 2008’ (2016) 28 (2) SA Mercantile Law Journal 238-249.