School of Law

Biography:

Suhayfa is a Senior Lecturer at the UKZN, School of Law, Pietermaritzburg Campus, Pietermaritzburg. She holds qualifications in Bachelor of Law (LLB) obtained from University of Natal and a Masters in Law (LLM) obtained from UKZN. Suhayfa completed her articles with Von Klemperers Inc where her focus was mainly on criminal as well as civil litigation and is an admitted Attorney of the High Court, South Africa. She is affiliated to a number of NGOs, conducting research concerning children’s rights and HIV. She has been a researcher for HAVEG and ARASA since 2004, and continues to hold those positions today.

She has presented papers at AIDS conferences and facilitated workshops across the country. With a PhD focus on Consent as it relates to various aspects of autonomy, she writes primarily in areas of sexual misconduct and medical law. She lectures in the School of Psychology as well as the School of Law, and is also an affiliate member of SARETI where she lectures to Masters Medical Students. Suhayfa is also a legal consultant to the National Health Research Ethics Committee (NHREC). Apart from her work outside the UKZN, Suhayfa also lectures in Bioethics, Specific Offences, Criminal Procedure and Advanced Child Law.

Her primary research interests are law and policy issues in criminal law and the intersection with the wilful transmission of HIV. Currently reading for a PhD on the Consent Defences and paternalism – examining why volenti appears to be a fluid concept and not uniformly applied in various areas where consent is in issue.

Academic Qualifications:

• LLB (Natal)
• LLM (UKZN)

LLB Courses Currently Teaching:

• Bioethics
• Specific Offences
• Criminal Procedure

Professional Qualifications:

• Admitted Attorney of the High Court of South Africa
• Research assistant to the HIV/AIDS Vaccines Ethics Group (HAVEG), School of Psychology, University of Kwa-Zulu Natal (www.saavi.org.za)
• Research assistant to the AIDS and Rights Alliance of South Africa (ARASA), AIDS and Human Rights Research Unit, University of Pretoria (www.arasa.info)
• Lecturer in selected topics on law and policy in genetic research in the South African Research Ethics Training Initiative (SARETI) Masters Programme in Health Ethics, School of Psychology, University of KwaZulu-Natal and School of Medicine, University of Pretoria
• Involved in the assessment of students who participated in the Certificate Programme: Working with children, families and communities affected by HIV & AIDS, conflict, poverty and displacement in Africa (module 2: human rights and child protection), conducted by the UKZN Faculty of Humanities
• Legal consultant to the National Health Research Ethics Committee (NHREC) – involved in a legal audit of health legislation (2009)

LLB Courses Currently Teaching:

• Bioethics
• Specific Offences
• Criminal Procedure

LLM Courses:

• Advanced Child Law (proposed Family Law LLM module)

Research Interests:

Primary research interests are law and policy issues in criminal law and the intersection with the willful transmission of HIV. Currently reading for a PhD on the Consent Defences and paternalism – examining why volenti appears to be a fluid concept and not uniformly applied in various areas where consent is in issue.

Publications

• Obiter 2005 Vol 26 3 726 (Suhayfa Bhamjee and Shannon Hoctor): Constructive Breaking – A Constructive Part of the Housebreaking Crime?
• Obiter 2006 Vol 27 3 663 (Suhayfa Bhamjee and Shannon Hoctor): Of obedience and offences S v Mostert 2006 1 SACR 560 (N)
• Obiter:2006 Vol 27 2 391 (Suhayfa Bhamjee and Ann Strode): HIV Status as a mitigating factor in sentences: A critical review S v Magida 2005 2 SACR 591
• Obiter 2007 Vol 28 2 374 (Suhayfa Bhamjee and Shannon Hoctor): When is indecency ‘public’? Rose v Director of Public Prosecutions 2006 1 WLR 2626 (QBD)
• Obiter 2008 Vol 29 2 317 (Suhayfa Bhamjee): A tale of attempted murder and HIV… S v Nyalungu 2005 JOL 13254 (T)

Recent Papers Delivered:

• Presented a paper at the Society of Law Teachers of Southern Africa (SLTSA) conference in July 2009 titled “Consent, paternalism and end of life decisions – does volenti cure all ills?”

Useful Websites:

• Department of Justice and Constitutional Development –http://www.justice.gov.za/salrc/media/1999_prj86_media.pdf
• Peak Performance – http://www.pponline.co.uk/encyc/0217.htm
• The British Medical Journal – http://www.cirp.org/library/ethics/shield/
• The Department of Health United Kingdom – http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyandGuidance/DH_4007005
• The Patient United Kingdom – http://www.patient.co.uk/doctor/Consent-to-Treatment-in-Children.htm